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LINCOLN  ROOM 


UNIVERSITY  OF  ILLINOIS 
LIBRARY 


MEMORIAL 


the  Class  of  1901 


founded  by 

HARLAN  HOYT  HORNER 

and 

HENRIETTA  CALHOUN  HORNER 


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LAWS 


OF  THE 

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STATE  OF  ILLINOIS, 


£ 


PASSED  BY 


THE  TENTH  GENERAL  ASSEMBLY 


AT  THEIR  SPECIAL  SESSION 


COMMENCING  JULY-  10,  AND  ENDING  JULY  22,  1837. 


s 


PUBLISHED  IN  PURSUANCE  OF  LAW. 


/ 


VANDALIA,  ILL. : 

WILLIAM  WALTERS,  PUBLIC  PRINTER. 


1837. 


LAWS. 


\ 


AN  ACT  supplementary  to  an  act  making  Appropriations  for  the  years  1837  In  force  21«t 

and  1838.  July,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illi¬ 
nois,  represented  in  the  General  Assembly ,  That  the  sums 
allowed  to  the  members  and  officers  of  the  General  As-  Members  and 
sembly,  by  the  act  to  which  this  is  a  supplement,  be  and  officers 
the  same  is  hereby  allowed  to  the  several  members  and 
officers  of  the  General  Assembly  as  their  per  diem  pay 
and  travelling  fees  for  the  present  session  of  the  General  As¬ 
sembly.  Said  compensation,  when  due,  shall  be  certified 
and  paid  agreeably  to  said  act.  The  Clerk  of  the  House  Clerk  of  H.  R. 
of  Representatives  and  Secretary  of  the  Senate  shall  Secretary  of 
receive  the  sum  of  fifty  dollars  each  for  furnishing  thetheSenat8 
printer  with  a  copy  of  the  Journals  of  the  present  session 
of  this  General  Assembly. 

Sec.  2.  The  Auditor  of  Public  Accounts  shall  issue  Duty  of  Audi* 
his  warrants  on  the  Treasury  in  favor  of  the  different  per- tor 
sons  hereinafter  named,  for  the  several  sums  annexed  to 
their  respective  names;  viz: 

To  James  Black,  the  sum  of  five  dollars  fifty-six  and  a  James  Black 
fourth  cents,  for  crape  furnished  the  members  of  the  pre¬ 
sent  General  Assembly  on  the  occasion  of  the  death  of 
the  Hon.  George  Galbreath. 

To  Flack  and  Hogue,  the  sum  of  six  dollars  and  seventy- Flack  &  Hogue 
five  cents,  for  articles  furnished  for  the  use  of  the  State. 

To  Charles  Prentice,  the  sum  of  three  hundred  and (  Iias-  Prentice 
twenty-one  dollars,  lor  articles  furnished  for  the  use  of 
the  State. 

To  Henry  Snyder,  the  sum  of  thirty-five  dollars,  for  Henry  Snyder 
clearing  the  State  House  and  public  square  of  rubbish,  &c. 
by  order  of  the  Secretary  of  State. 

To  A.  McPhail,  the  sum  of  the  three  dollars,  for  qual-A.  McPhan 
ifying  the  new  members  of  the  Senate  and  House  of 
Representatives. 

To  Ferris  Foreman,  the  sum  of  four  dollars' per  day  for  For®* 


4 


APPROPRIATIONS. 


Willis  &  Mad¬ 
dox 


Chas .  Prentice 


Moses  Phillips 


J.  F.  O wings 

Officers  of  the 
General  As¬ 
sembly 


J.  M,  Morse 


Blackwell  and 
Eccles 

Abner  Johns- 
ston 

S.  T.  Sawyer 


Jarvis  Fore¬ 
hand 


Canal  agents 


Levi  Davis,  for 
clerk  hire 


Wffl,  Ilodge 


Secretary  of 
State 


assisting  the  engrossing  and  enrolling  clerk  of  the  House 
of  Representatives,  the  number  of  days  necessarily  em¬ 
ployed,  to  be  certified  by  the  engrossing  and  enrolling 
clerk. 

To  Willis  and  Maddox,  the  sum  of  twenty-eight  dollars 
and  sixteen  cents,  for  articles  furnished  for  the  use  of  the 
Shite. 

To  Chas.  Prentice,  the  sum  of  eleven  dollars  and  sixty- 
eight  cents,  for  articles  furnished  at  the  last  session  of  the 
General  Assembly. 

To  Moses  Phillips,  the  sum  of  ten  dollars,  for  articles  fur¬ 
nished  for  the  use  of  the  State. 

To  James  F.  Owings,  the  sum  of  ten  dollars  for  two 
months  rent  for  a  room  for  the  use  of  the  clerk  of  the 
supreme  court. 

To  the  principal  clerk  protein,  of  the  House  of  Repre¬ 
sentatives,  engrossing  and  enrolling  clerk,  late  secretary 
to  the  senate,  sergeant-at-arms,  and  door-keeper,  the  sum 
of  four  dollars,  for  every  twenty  miles  necessary  travel 
in  going  to  and  returning  from  the  seat  of  government. 

To  James  M.  Morse,  the  sum  of  four  dollars  and  fifty 
cents,  for  covering  nine  tables  for  the  use  of  the  Senate, 
House,  and  Secretary  of  State’s  Office. 

To  Blackwell  and  Eccles, eighteen  dollars  and  fifty  cents, 
for  articles  furnished  for  the  use  of  the  State. 

To  Abner  Johnston,  ten  dollars  and  fifty  cents,  for  work 
done  for  use  of  the  secretary’s  office. 

To  Seth  T.  Sawyer,  the  sum  of  four  dollars  per  day, 
for  assisting  the  clerk  of  the  House  [of]  Representatives, 
the  number  of  days  to  be  certified  by  the  clerk  of  [the] 
House  of  Representatives. 

To  Jarvis  Forehand,  the  sum  of  two  dollars  per  day  for 
attendance  on  the  Council  of  Revision,  and  other  services 
rendered  during  the  present  session  of  the  General  As¬ 
sembly. 

That  the  agents  of  the  state  on  canal  lands  be  allowed 
one  dollar  per  day  in  addition  to  the  compensation  now 
allowed  for  services  rendered,  and  hereafter  rendered, 
while  actually  employed,  to  be  adjudged  and  allowed  by 
order  of  the  board  of  canal  commissioners,  and  be  paid 
out  of  the  canal  funds. 

To  Levi  Davis,  Auditor  of  Public  Accounts,  the  sum  of 
four  hundred  dollars  per  annum,  for  clerk  hire  in  addition 
to  his  present  compensation;  to  take  effect  from  the  last 
day  of  March  last. 

To  William  Hodge,  one  dollar,  for  qualifying  members 
of  the  General  Asembly. 

To  the  Secretary  of  State,  the  sum  of  two  hundred 
dollars,  for  copying  laws,  making  marginal  notes,  reading 


BANKS. 


5 


proof  sheets,  and  making  index  to  the  laws  of  the  present 
session. 

The  Auditor  rind  Treasurer  are  authorized  to  cause  the 
cupola  on  the  state  house  to  be  weather-boarded  and  cov¬ 
ered,  to  secure  the  building  from  injury,  the  cost  of  which 
shall  be  paid  out  of  the  thousand  dollars  appropriated  at 
the  last  session  of  the  General  Assembly  to  the  finishing 
of  the  lower  rooms  of  the  state  house. 

Whereas,  The  Auditor  of  Public  Accounts  has  refused 
to  issue  his  warrant  in  favor  of  William  Walters,  public 
printer,  for  the  sum  of  $600,  in  consequence  of  his  failing 
to  have  the  laws  and  journals  bound,  of  last  session,  ac¬ 
cording  to  law:  Therefore,  Be  it  enacted.  That  theSecretary 
of  State,  the  Auditor,  and  Treasurer,  be  and  they  are  here¬ 
by  empowered  to  investigate  the  claim  of  said  Walters, 
and  should  they  be  satisfied  that  said  claim  or  any  part 
thereof  is  just,  the  same  shall  be  allow'ed,  and  the  Auditor 
is  hereby  authorized  to  issue  his  warrant  on  the  treasury 
for  the  amount  so  awarded. 

Approved  2Lst  July,  1837. 


Auditor  and 
Treasurer  to 
enclose  cupola 
on  State  House 


Secretary,  Au¬ 
ditor,  &.  Trea¬ 
surer  to  inves¬ 
tigate  the  claim 
of  W.  Walters 


AN  ACT  supplementary  to  an  act  to  increase  the  Capital  Stock  of  Certain  jn  forrre  0]g» 
Banks,  and  to  furnish  means  to  pay  the  interest  on  a  loan  authorized  by  an  j uj.r  j 837 
act  entitled  “An  act  to  establish  and  maintain  a  General  System  of  Inter-  ^ 5 
nal  Improvements,  approved  March  4th,  1837.” 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  the  stock  autho 
rized  to  be  subscribed  to  certain  banks,  by  the  act  to 
which  this  is  a  supplement,  shall  not  be  alienated  before 
the  complete  redemption  of  the  bonds  or  certificates  of 
stock  authorized  to  be  sold  by  said  act:  Provided,  That 
if  upon  the  falling  due  of  any  of  the  principal  of  said 
bonds  or  certificates,  that  it  shall  be  lawful  for  the  State 
to  sell  a  sufficient  portion  of  said  stock  for  the  payment  of 
said  bonds  or  certificates. 

Approved  2 1st  July,  1837.  / 


Stock  of  banks 
pledged  to  re¬ 
deem  any  loan 
made  for  Inter¬ 
nal  Improve¬ 
ments. 

Proviso. 

State  may  sell 
stock  to  pay 
bonds  when  the 
same  becomes 
due. 


6 


BANKS. 


Force  of  law  in 
regard  to  banks 
suspended  a 
limited  time. 


Duty  of  Gover¬ 
nor. 

Duty  of  bank 
to  resume  spe- 
pie  payment. 
Conditions,  re¬ 
strictions,  limi¬ 
tations. 


yirst. 


In  force  21st  AN  ACT  to  suspend,  for  a  limited  time,  Certain  Laws  in  relation  to  the  Banks 
July,  1837.  in  this  State. 

Sec.  1.  Be  it  enacted  by  thcjjeople  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  every  provision 
of  law,  requiring  or  authorizing  proceedings  against  any 
bank  in  in  this  State,  with  a  view  to  forfeit  its  charter,  or 
wind  up  its  concerns,  or  which  requires  said  bank  to  sus¬ 
pend  its  operations  and  proceedings,  in  consequence  of  its 
refusal  to  pay  its  notes  or  evidences  of  debt  in  specie,  is 
hereby  suspended  until  the  end  of  the  next  general  or  spe¬ 
cial  session  of  the  General  Assembly,  unless  the  banks 
shall  have  generally  resumed  specie  payment  at  an  earlier 
date,  in  which  case  the  Governor  shall  give  notice  thereof 
by  proclamation,  and  the  said  bank  shall,  within  twenty 
days  thereafter,  also,  resume  specie  payments:  Provided , 
however ,  That  to  secure  the  benefit  of  the  foregoing  pro¬ 
vision,  said  bank  shall  agree  to  conform  to,  and  comply 
with,  the  following  conditions,  restrictions  and  limitations, 
viz: 

First — That  it  will  not,  either  directly  or  indirectly, 
divide  or  pay  among  its  stockholders,  or  to  any  person  for 
them,  any  dividend's,  interest,  or  profits  whatever,  until  it 
shall  bona  fide  resume  the  payment  of  its  notes  and  evi¬ 
dences  of  debt  in  specie;  which  dividends  shall  be  retained 
in  bank  as  an  additional  security  to  the  holders  of  its  notes. 

Second — That  it  will  not,  directly  or  indirectly,  during 
the  suspension  of  specie  payment,  sell,  dispose  of,  or  part 
with  any  of  its  specie,  or  gold  or  silver  bullion,  except  for 
the  purposes  of  change  to  the  amount  of  five  dollars,  or  un- 
the  sum  of  five  dollars. 

Third — That  it  will  furnish  monthly,  upon  the  oath  of 
its  president  or  cashier,  to  the  Executive  of  the  State,  a 
full  and  complete  statement  of  the  condition  and  financial 
operations  of  said  bank  and  branches,  which  shall  be  pub¬ 
lished  in  the  newspaper  of  the  State  printer. 

Fourth — -That  it  will  not,  directly  or  indirectly,  issue  or 
put  into  circulation,  during  the  period  of  its  suspension  of 
specie  payments,  any  bank  bill  or  note,  or  any  evidence  of 
debt  by  which  the  amount  of  its  circulation  shall  be  in¬ 
creased  beyond  the  amount  of  capital  stock  actually  paid 
in  by  the  stockholders. 

Fifth — That  it  will  receive  upon  deposite  any  funds  be* 
longing  to  the  State,  which  may  be  required  to  be  so  de¬ 
posited,  and  pay  the  same  out  upon  the  order  of  the  proper 
officer,  or  agent  of  the  State,  in  bind,  free  from  charge; 
and  also  all  funds  heretofore  deposited  by  the  State. 

Sixth — That  until  the  banks  shall  resume  specie  pay¬ 
ments,  citizens  and  residents  of  this  State,  who  are  indebt- 


Second 


Third , 


Fourth. 


Fifth. 


Sixth. 


BRIDGES. 


1 


ed  to  them  upon  notes  heretofore  discounted,  shall  be 
allowed  to  pay  their  debts  in  instalments,  at  the  rate  of 
ten  per  cent,  upon  each  and  every  renewal  of  the  amount 
originally  due,  upon  condition  that  such  debtors  shall  exe¬ 
cute  new  notes,  with  satisfactory  security,  and  pay  the 
aforesaid  per  cent,  and  the  interest  in  advance,  according  p 
to  the  usage  and  custom- of  banking.  Provided ,  That  this 
section  shall  not  apply  to  notes  or  bonds  assigned  or  en¬ 
dorsed  to  the  bank. 

Seventh — That  any  violation  of  the  provisions  of  this  act,  Sevcnth 
or  any  failure  to  comply  with  and  conform  to  the  same, 
shall  subject  the  bank  in  default  to  a  forfeiture  of  its  char¬ 
ter.  - 

Sec.  2.  Whenever  any  bank  shall  accept  the  provi- Duty  0f 
sions  of  this  act,  and  the  president  thereof  shall  furnish  the  dent  of  Bank 
Governor  with  a  certificate  of  the  fact  of  such  acceptance, t0  furmsh  Go- 
under  their  corporate  seal,  the  Governor  shall  issue  acertj£cate< 
proclamation,  stating  the  fact  of  such  acceptance;  and  Governor  shall 
from  and  after  the  date  of  such  proclamation  such  bank  ^?oProcla* 
shall  be  considered  as  being  entitled  to  all  the  benefits 
hereby  conferred,  and  bound  by  all  the  conditions,  restric¬ 
tions  and  limitations  herein  contained. 

Sec.  3.  This  act  shall  not  be  construed  so  as  to  impair  Ri(Thtsof  .  di. 
any  rights  required  by  individuals,  or  to  exhonerate  the  victuals  not  im- 
bank  from  any  liability  to  the  holders  of  its  notes,  for  the  paired  by  this 
nonpayment  of  the  same;  and  the  provisions  of  this  section  act* 
shall  apply  as  well  to  notes  heretofore  issued  as  to  notes 
which  may  hereafter  be  issued. 

Approved  2lst  Julv,  1337. 


AN  ACT  to  amend  the  act  incorporating  the  Kaskaskia  Bridge  Company.  In  force 

July,  1837, 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  so  much  of  the 
above  recited  act  as  authorizes  the  county  commissioners 
court  of  Randolph  county,  to  regulate  the  tolls  of  said  com¬ 
pany,  be,  and  the  same  is  hereby  repealed,  and  the  said  Part  of  act  re= 
company  shall  be  allowTed  to  charge  and  receive  the  same  peaJedt 
rates  of  toll  as  was  allowed  to  the  ferry  across  the  Kaskas¬ 
kia  River,  at  Kaskaskia,  by  the  county  commissioners’  court 
of  said  county  for  the  year  one  thousand  eight  hundred  and 
thirty  seven;  and  so  much  of  said  act  as  authorizes  the  ^ct .repealed, 
the  county  of  Randolph  to  purchase  the  said  bridge  at  the 
end  of  five  years,  is  hereby  repealed. 

Sec.  2.  Nothing  contained  in  the  act  aforesaid  shall  be 
so  construed  as  to  prohibit  the  said  company  from  receiv¬ 
ing donation, or  in  payment  of  stock  subscribed,  orany  town 
lot  or  lot  of  land  which  any  person  may  be  disposed  to 


8 


BRIDGES, 


grant  or  convey,  to  aid  the  said  company  in  erecting  and 
keeping  in  repair  their  said  bridge. 

Approved,  20th  July,  1837. 


Green  &  Stad¬ 
den,  authorized 
to  build  a  toll 
bridge. 


Commence 
building  within 
two  years  and 
and  complete 
in  five  years. 

How  built. 


In  force  20th  AN  ACT  to  authorize  John  Green'and  William  Stadden,  to  build  a  Toll  Bridge 
July,  1837.  across  Fox  River.  - 

Sec.  I.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  John  Green  and 
William  Stadden,  their  heirs  and  assigns,  be  and  they  are 
hereby  authorized  to  build  a  toll  bridge  across  Fox  River; 
in  township  number  thirty  four,  north  of  range  num¬ 
ber  four  east,  on  section  number  twenty-nine  at  the 
town  of  Dayton,  in  La  Salle  county,  State  of  Illinois. 

Sec  2.  Thesaid  Jor.n  Green  and  William  Stadden, their 
heirs  or  assigns  shall  commence  the  building  of  said  bridge 
within  twoyears,and  complete  said  bridge  within  five  years 
from  and  after  the  passage  of  this  act;  said  bridge  shall  be 
built  in  a  good  and  workmanlike  manner,  so  as  to  give  a 
safe  and  easy  passage  to  all  persons  and  their  property  wish¬ 
ing  to  cross  said  bridge. 

Sec.  3.  After  said  bridge  shall  be  completed,  the  said 
John  Green  and  William  Stadden,  their  heirs  or  assigns, 
are  hereby  authorized  to  place  a  toll  gate  on  either  end  of 
said  bridge  or  elsewhere,  where  they  may  ask  and  receive 
of  all  and  every  person  passing  said  bridge  such  toll  as  the 
county  commissioners’  court  shall  fix  from  time  to  time. 

Sec.  4.  If  said  bridge  shall  be  out  of  repair  for  more 
than  six  months  at  any  one  time,  said  charter  shall  be  for¬ 
feited  That  destruction  of  said  bridge  by  fire,  high 

water,  other  casualty  shall  not  work  a  forfeiture  of  the 
privileges  hereby  granted,  but  said  Green  and  Stadden, 
their  heirs  or  assigns, shall  proceed  immediately  to  repair 
the  same. 

Sec.  5.  If  any  person  or  persons  shall  wilfully  do  or 
cause  to  be  done  any  injury  to  said  bridge,  the  person  or 
persons  so  offending  shall  forfeit  and  pay  to  the  said  Green 
and  Stadden,  their  heirs  or  assigns,  double  the  amount  of 
such  injury  or  damages,  to  be  recovered  before  any  court 
having  jurisdiction  of  the  same. 

Sec.  6.  The  said  Green  and  Stadden,  their  heirs  or  as¬ 
signs,  shall  be  entitled  to  purchase,  hold  and  convey,  so 
much  real  estate  as  may  be  necessary  to  construct  the  afore¬ 
said  bridge,  and  erect  a  toll  house  or  whatever  many  be 
necessary  for  the  use  and  purposes  of  said  bridge. 

Sec.  7.  This  act  to  be  in  force  from  and  after  its 
passage. 

Approved,  20th  July,  1837. 


Toll  gate. 


Tolls. 

County  com¬ 
missioners  fix 
rates  of  toll. 

Liability  of 
charter  to  be 
forfeited. 
Proviso. 


If  persons  shall 
injure, shall  for¬ 
feit. 


May  purchase 
and  hold  estate. 


CANAL  LANDS. 


9 


AN  ACT  for  the  relief  of  James  H.  Weisner.  In  force  21st 

July,  1837. 

Whereas,  James  H.  Weisner  purchased  of  the  school 
commissioners  of  Greene  county,  on  the  7th  day  of  February 
A.  D.,  1834,  the  east  half  of  the  southeast  quarter  of  section 
sixteen,  in  township  number  ten  north,  of  range  ten  west, 
of  the  third  principal  meridian,  and  received  a  patent  for 
the  said  tract  of  land  on  the  26th  day  of  May,  1834,  as 
appears  of  record  in  the  office  of  the  Auditor  of  Public 
Accounts;  And  whereas,  the  said  Weisner  has  lost  said  \ 

patent,  and  has  no  legal  evidence  of  title  if  the  same  should 
be  disputed;  Therefore: — 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  the  Auditor  of  Duty  Aiidi- 
Public  Accounts  be,  and  he  is  hereby  authorized  and  re- 101  ‘ 
quired  to  issue  to  said  James  H.  Weisner,  a  new  patent  7 
to  the  said  tract  of  land,  viz:  to  the  east  half  of  the  south 
east  quarter  of  section  sixteen,  in  township  number  ten 
north,  of  range  number  ten  west,  of  the  third  principal 
meridian;  which  new  patent,  when  issued  as  aforesaid, 
shall  be  deemed  and  taken  to  be  of  the  same  force  and 
validity  in  law  as  evidence  of  title,  as  the  first  patent 
would  have  been  if  it  were  in  existence. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  21st  July,  1837. 


AN  ACT  for  the  relief  of  Purchasers  of  Canal  Lands  and  Lots. 


In  force  21st 
July,  1837. 


on 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  o  f  Illinois , 
represented  in  the  General  Assembly ,  That  so  much  of  the 
act  entitled  “An  act  for  the  construction  of  the  Illinois 
and  Michigan  canal,”  approved  on  the  ninth  of  January, 
one  thousand  eight  hundred  and  thirty-six,  as  declares 
lands  and  lots  sold,  to  be  forfeited  to  the  state  in  default  of 
the  purchasers,  making  payments  as  required  by  said  act,  Act  repealed 
is  hereby  repealed  in  respect  to  purchasers  who  comply  ^chasers*0 
with  the  following  conditions,  viz:  That  they  will  on  the  conditions’, 
first  day  of  October  next,  pay  all  the  interest  then  due  up¬ 
on  said  debts,  according  to  the  terms  of  sale;  and  on  the 
first  day  of  October,  1838,  and  first  day  of  October,  1839, 
pay  the  interest  and  ten  per  cent,  of  the  principal,  which  Time  of  pay- 
may  be  due;  and  on  the  first  day  of  October,  in  each  and  men*, 
every  year  thereafter,  pay  the  interest  and  twenty  per 
cent,  upon  the  principal  in  advance,  until  the  whole  sum 

B 


10 


CANAL  LANDS, 


Failure  to 


due  shall  be  paid.  And  payments  made  at  the  times  and 
in  the  manner  herein  provided,  shall  be  accepted  by  the 
canal  commissioners,  as  a  compliance  on  the  part  of  the 
purchasers  with  the  conditions  of  sale,  as  prescribed  by 
the  above  recited  act,  but  nothing  herein  contained  shall 
he  construed  to  impair  or  in  any  wise  affect  the  lien  of  the 
state  upon  the  property  sold  for  the  payment  of  the  pur¬ 
chase  money  or  any  part  thereof,  or  any  interest  "due  or 
which  may  become  due  upon  the  same.  And  it  is  hereby 
declared  that  a  failure  on  the  part  of  any  purchaser  to 
comply  with  the  conditions  herein  contained,  shall  work 
work  forfeiture,  a  forfeiture  of  the  lot  or  land  purchased, -together  with  all 
previous  payments;  and  the  provisions  of  the  thirty  fifth 
section  of  the  above  recited  act,  shall  be  deemed  and  con¬ 
sidered  applicable  to  such  lot  or  land,  and  purchaser,  and 
shall  be  enforced  by  the  canal  commissioners. 

Sec.  2.  The  canal  commissioners  are  authorized  and 
What  bills  to  required  to  receive  in  payment  for  canal  lots  and  lands 
be  received  by  sold,  the  bills  and  notes  of  the  State  Bank  of  Illinois,  and 
canal  commis-  ganL  of  Illinois,  and  bills  and  notes  of  any  other  banks 
menT  ofdeias.  which  the  bank  in  which  the  canal  funds  are  or  may  be 
deposited,  will  receive  and  credit  as  cash  to  the  canal  fund. 

Sec.  3.  The  contractors  upon  the  canal,  with  whom 
tors^mit^ecTto  contracts  were  made  previous  to  the  year  one  thousand 
monthly  pay-  eight  hundred  and  thirty  seven,  shall  be  entitled  to  month- 
ihcnts,  ]y  payments,  upon  the  terms  and  in  the  manner  provided 

for  making  payments  upon  contracts  made  subsequent  to 
the  first  day  of  January,  one  thousand  eight  hundred  and 
thirty  seven. 

Sec.  4.  That  all  relief  extended  to  purchasers  of  canal 
property  under  the  provisions  of  this  act,  is  to  be  claimed 
under  the  express  understanding  and  condition,  that  the* 
pight  of legis-  legislature  reserves  the  right  to  amend,  modify,  or  repeal 
lature,  this  act  at  any  time  after  the  first  Monday  in  December, 

eighteen  hundred  and  thirty  eight;  and  said  right  to  amend, 
modify,  or  repeal  the  same,  after  the  time  aforesaid,  is  here¬ 
by  reserved. 

Approved,  21st  July,9'  1837. 


In  force  July 
21st,  1837. 


AN  ACT  to  provide  for  the  Sale  of  certain  Canal  Lands,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  if  the  commis¬ 
sioners  of  the  Illinois  and  Michigan  Canal,  shall  be  of 
opinion  that  a  sale  of  parts  of  the  canal  lands,  during  the 


CANAL  LANDS. 


II 


next  year,  will"  advance  the  interests  of  the  state,  by  afford¬ 
ing  facilities  to  contractors  in  procuring  supplies  and  pla¬ 
ces  for  boarding  for  hands  employed  upon  the  canal,  or 
otherwise,  they  are  authorized  to  select  lots  or  tracts  of  powei.  given  to 
land  at  convenient  points  along  the  line,  and  sell  the  same  canal  cpminis- 
for  the  purpose  aforesaid,  and  subdivide  the  said  lots  orsIoners  t0  sel1 
tracts  into  lots  of  not  less  than  forty  iror  more  than  eighty  ancs‘ 
acres,  the  division  to  be  made  to  correspond  with  similar 
divisions  of  lands  sold  by  the  United  States;  and  the  selec¬ 
tion  to  be  made,  so  that  no  lot  shall  lie  within  less  than  one 
half  mile  of  the  line  of  the  canal,  and  the  quantity  not  to  ex¬ 
ceed  in  value  four  hundred  thousand  dollars;  and  the  lands 
so  selected  shall  be  valued,  advertised,  and  sold  in  the 
manner  required  for  selling  lots  in  Chicago  and  Ottawa,  but 
the  valuation  shall  not  be  made  until  within  twenty  days 
of  the  sale,  and  shall  be  made  as  well  with  reference  to  the 
terms  of  sale  as  all  other  considerations  affecting  the  mar¬ 
ket  value  thereof.  The  place  of  sale  shall  be  fixed  by  the 
commissioners.  The  terms  of  sale  shall  be,  one-tenth  of 
the  purchase  money  to  be  paid  at  the  time  of  sale,  and  the 
balance  payable  in  ten  equal  annual  instalments,  bearing 
an  interest  of  six  per  cent,  per  annum  from  the  date  of 
sale,  payable  annually  in  advance,  subject  to  the  same  con¬ 
ditions  and  provisions  prescribed  in  reference  to  the  sale 
of  lots  in  Chicago  and  Ottawa. 

Sec.  2.  No  two  quarter  sections  of  land  shall  be  sold  No  two  sections 
under  the  provisions  of  this  act,  which  shall  adjoin  each  tat^eisoId  to“ 
other.  .  .  ge 

Sec.  3,  The  terms  of  the  sales  authorized  to  be  made  by  Termg  of  gal3> 
the  act  which  was  approved  on  the  second  day  of  March, 
in  the  year  one  thousand  eight  hundred  and  thirty  seven, 
shall  be  the  same  as  those  prescribed  in  this  act;  and  the 
sales  under  that  act  shall  be  limited  to  the  actual  wants  of 
the  canal  funds. 

Sec.  4.  In  negotiating  loans  which  have  been  or  may 
be  authoiized  for  the  construction  of  the  canal,  the  gover¬ 
nor,  shall,  if  practicable,  contract  to  receive  the  money 
borrowed,  in  sums  of  one  hundred  thousand  dollars,  or  less, 
at  such  times  as  the  same  may  be  wanting  for  use  upon  the 
canal. 

Sec.  5.  In  the  construction  of  the  navigable  feeder  and  ^avj^ablQ  fee_ 
lateral  canal  at  Ottawa,  the  canal  commissioners  may  so  der 
alter  the  plan  heretofore  prescribed,  as  to  connect  the 
said  feeder  or  lateral  canal  with  Fox  river,  instead  of  the 
Illinois  river,  or  make  any  other  change  which  in  their 
judgment  may  be  best  calculated  to  enhance  the  value  of 
state  property,  and  the  usefulness  of  the  canal. 

Sec.  6.  The  canal  commissioners  are  authorized  to  Resurvey  t0  b4 
make  a  resurvey  of  those  parts  or  additions  to  the  town  of  mad*. 


12 


CANAL  LANDS. 


fourteen  to  be 
appropriated. 


Ottawa,  wherein  lots  are  authorized  to  be  sold,  and  change 
the  lines  of  the  lots  and  streets,  so  as  to  make  those  lines 
correspond  with  the  lines  of  that  part  of  the  town  wherein 
the  lots  have  heretofore  been  sold;  or  they  may  make  the 
said  lines  in  such  manner  as  they  may  deem  best  for  Ah© 
interest  of  the  State. 

Sec.  7.  The  canal  commissioners  are  authorized  to  en- 
Bason  may  be  large  the  natural  bason  at  the  confluence  of  the  north  and 
Enlarged.  south  branches  of  the  Chicago  river,  so  as  to  render  the 
same  as  useful  and  convenient  as  possible;  and  block  num¬ 
ber  seven,  of  the  canal  lots  in  the  city  of  Chicago,  shall  be 
reserved  from  sale  for  the  purpose  of  exchanging  the  same 
for  block  number  fourteen,  which  will  be  required  to  be 
removed  in  the  enlargement  of  the  said  bason;  and  the 
said  commissioners  are  hereby  required  to  cause  the  afore- 
Block  Number  said  block  number  fourteen  to  be  appropriated  for  the 
purpose  aforesaid,  and  to  proceed  to  obtain  the  title  to 
the  same,  in  the  manner  provided  by  law  for  obtaining 
lands  or  materials  for  the  use  of  the  canal. 

Sec.  8.  When  the  board  of  appraisement  shall  appraise 
the  said  block  fourteen,  they  shall  also  appraise  the ^  afore- 
appraised  W  1Cn  sa-id  block  seven,  and  if  the  owners  of  block  fourteen  will 
take  in  exchange  for  the  same,  block  number  seven,  at  the 
appraisement  thereof,  the  canal  commissioners  are  author* 
ized  to  make  the  exchange,  taking  from  the  said  owner 
a  sufficient  conveyance  for  said  block  to  the  state,  and 
giving  to  such  owner  a  certficate  of  purchase  for  block 
seven,  stating  therein  the  facts  of  the  transaction;  and  if 
block  seven  shall  be  appraised  to  more  than  block  four¬ 
teen,  the  said  owner  shall  be  required  to  pay  the  differ¬ 
ence  in  a  reasonable  time,  to  be  fixed  by  the  canal  com¬ 
missioners;  and  upon  such  payment  being  made,  the  said 
owner  shall  be  entitled  to  a  patent  for  the  same;  but  if 
said  block  shall  be  valued  to  less  than  block  fourteen,  or 
the  same  sum,  he  shall  be  entitled  to  a  patent,  upon  execu¬ 
ting  the  conveyance  aforesaid.  If  the  difference  in  value 
shall  be  in  favor  of  the  said  owner,  the  canal  commissioners 
shall  pay  the  same  out  of  the  canal  fund;  but  if  no  such 
agreement  is  made,  as  herein  contemplated,  the  aforesaid 
block  fourteen  shall,  nevertheless,  be  obtained  and  appro¬ 
priated,  as  herein  provided,  and  block  number  seven  shall 
be  subject  to  sale  as  other  lots  in  Chicago  now  are. 

Sec.  9.  The  treasurer  of  the board  of  canal  commissioners 
shall  not  hereafter  be  required  to  perform  any  other  duties 
then  those  pertaining  to  the  office  of  treasurer  alone,  nor 
Duty  of  treasu-  shall  he  hereafter  be  considered  as  one  of  the  board  of  canal 
rer*  commissioners.  The  said  board  shall  hereafter  be  com¬ 

posed  of  the  president  and  acting  commissioner,  who  shall 
perform  all  the  duties  required  of  the  canal  commissioners, 


CONVEYANCES. 


13 


except  such  as  relate  to  the  duties  of  treasurer;  neverthe- 
less,  it  is  hereby  declared  and  enacted,  that  whenever  the 
board  as  organized  by  this  section,  shall  disagree  in  opin¬ 
ion  upon  any  question,  matter  or  thing,  in  relation  to  the 
canal,  the  powers  or  duties  of  the  board,  or  of  any  agent 
or  any  other  matter  whatever,  touching  their  duties  as  ca¬ 
nal  commissioners,  the  treasurer  is  hereby  constituted  and 
appointed  the  umpire  to  give  the  casting  vote  upon  every 
such  difference,  and  in  giving  such  vote,  he  shall  be  consid¬ 
ered  as  bound  for  the  consequences  thereof,  as  a  canal 
commissioner;  and  the  board  of  commissioners  shall  act 
upon  all  decisions  made  by  the  umpire  as  aforesaid,  as 
though  the  three  making  the  decision  were  all  canal  com¬ 
missioners. 

Sec.  lQ.  In  the  event  that  the  funds  provided  by  exist¬ 
ing  laws,  shall  prove  insufficient  to  meet  the  expenditures 
upon  the  canal  for  the  years  1837  and  1838,  the  Governor  Governor  au- 
is  authorized  to  negotiate  a  loan  upon  the  faith  and  credit  joato  ne 
of  the  state,  not  exceeding  in  amount  three  hundred  thou-  s°tiate  0dn* 
sand  dollars,  to  meet  any  deficit  which  may  occur;  said 
loan  shall  be  negotiated  in  the  manner  and  upon  the  terms, 
and  the  state  assumes  the  responsibilities,  as  provided  for 
in  relation  to  the  loan  authorized  by  the  “act  entitled  an 
act  for  the  construction  of  the  Illinois  and  Michigan  canal,” 
approved  on  the  9th  of  January,  1836;  Provided ,  That 
said  loan  shall  not  be  made  until  the  whole  of  the  means 
available  under  existing  laws,  shall  have  been  exhausted. 

Approved,  2lst  July,  1837. 


AN  ACT  concerning  the  Recording  of  Conveyances.  In  force  21st 

July,  1837. 

Sec.  1.  Beit  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  recording  of 
any  deed,  grant,  bargain,  sale,  lease,  release,  mortgage,  de¬ 
feasance,  conveyance,  bond,  contract  or  agreement  of  and 
concerning  any  lands,  tenements,  or  hereditaments,  or 
whereby  the  same  may  be  effected  inlaw  or  equity,  wheth-  1 
er  executed  within  or  without  the  state,  by  the  recorder  of 
the  county  in  which  the  lands,  tenements  or  hereditaments, 
intended  to  be  effected  and  situated,  shall  be  deemed  and 
taken  to  be  notice  to  subsequent  purchasers,  and  creditors 
from  the  date  of  such  recording,  whether  the  said  writing 
shall  have  been  acknowledged  or  proven  in  conformity 
with  the  laws  of  the  State  or  not;  provided ,  That  no  such  Proviso, 
writing  not  acknowledged  oi  proven  in  conformity  with 


I 


%  ? 

14 


In  .force  21st 
July,  1837. 


Where  estate 
is  limited . 


In  force  21st 
July,  1837. 


Petition . 


Seat  of  justice. 

Duty  of  county 

commissioners 

court. 


COUNTIES. 

the  laws  of  the  state,  to  entitle  the  same  to  be  recorded, 
shall  be  admitted  as  evidence  in  any  court,  unless  execu¬ 
tion  thereof  be  proven  in  the  manner  required  by  the  rules 
of  evidence  applicable  to  such  writings;  and  the  provisions 
of  this  act  shall  apply  as  well  to  writings  heretofore,  as 
those  hereafter  admitted  to  record. 

Approved,  2 1st  July,  1837. 


AN  ACT  concerning  Conveyances. t 

4  I 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  every  estate  in 
lands  which  shall  hereafter  he  granted,  conveyed  or  di- 
vised  to  one,  although  other  words  heretofore  necessary 
to  transfer  ,  an  estate  of  inheritance  be  not  added,  shall  be 
deemed  a  fee  simple  estate  of  inheritance  if  aless  estate  be 
not  limited  by  express  words,  or  do  not  appear  to  have  been 
granted, conveyed,  or  devised  by  construction  or  operation 
of  law. 

Sec.  2.  When  an  estate  hath  been,  or  shall  be,  by  any 
conveyance  limited  in  remainder  to  the  son  or  daughter  or 
to  the  use  of  the  son  or  daughter  of  any  person  to  be  be¬ 
gotten,  such  son  or  daughter,  born  after  the  decease  of  his 
or  her  father,  shall  take  the  estate  in  same  manner  as  if  he 
or  she  had  been  born  in  lifetime  of  the  father,  although  no 
estate  shall  have  been  conveyed  to  support  the  contingent 
remainder  after  his  death. 

Approved,  July  21,  1837. 


AN  ACT  to  relocate  the  county  seat  of  Calhoun  County. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  at  any  regular  or 
special  term  of  the  county  commissioners  court  of  the  coun¬ 
ty  of  Calhoun,  which  may  be  held  within  nine  months  from 
the  passage  of  this  act,  at  which  a  petition  signed  by  one 
hundred  legal  votes  of  said  county  shall  be  presented,  pray¬ 
ing  that  an  election  may  be  held  in  said  county  for  the  pur¬ 
pose  ofremovingand  relocating  the  seat  of  justice  thereof,  it 
shall  be  the  duty  of  the  county  commissioners  court  to  or¬ 
der  an  election  to  be  held  in  accordance  to  the  wishes  of 
the  said  petitioners,  within  thirty  days  after  the  expiration 


COURTS.  15 

of  the  term  of  the  court  to  which  such  [petition  may  have 
been  presented. 

Said  election  shall  be  held  at  the  same  places,  and  be  con-  Election  how 
ducted  as  near  as  may  be  in  the  same  manner  as  the  gen-  held, 
eral  elections  are. 

Sec.  2.  The  judges  and  clerks  of  said  election  shall  jf  n0  piaCe  is 
make  a  column  in  their  books  at  the  several  precincfs,  at  elected  another 
the  head  of  which  shall  be  written  the  name  of  the  place  sha11 

voted  for  by  the  several  voters,  and  the  place  receivingthe 
highest  number  of  votes,  provided  that  number  shall  be  a 
majority  of  the  whole  number  given,  shall  be  and  remain 
the  seat  of  justice  for  said  county  from  that  time  forward, 
or  soon  thereafter  as  suitable  buildings  can  be  prepared, 
but  if  no  one  place  voted  for  shall  have  received  a  majority 
of  the  votes  polled,  then  and  in  that  case  it  shall  be  the 
duty  of  the  clerk  of  the  county  court  of  said  county  to  give 
notice  in  the  several  precincts  that  no  one  of  the  places 
voted  fordid  receive  a  majority  of  the  votes,  and  that  anoth¬ 
er  election  will  be  held  four  weeks  from  the  day  on  which 
the  first  election  was  held;  in  which  notices  the  said  clerk 
shall  state  the  number  of  votes  given  at  the  former  election 
for  the  several  places,  and  at  the  time  of  holding  the  second 
election  the  voters  shall  vote  for  one  or  the  other  of  the 
two  places  which  received  the  highest  number  of  votes  at 
the  first  election;  and  the  place  receiving  the  highest  num¬ 
ber  of  votes  at  the  second  election  shall  be  the  county 
seat. 

Sec.  3.  The  act  entitled  aan  act  to  relocate  the  county 
seatof  Calhoun  county,”  approved  the  fourth  day  of  March,  Act  rePealed» 
1837,  be,  and  the  same  is  hereby  repealed. 

And  all  lands  and  building  lots  conveyed  by  the  pro¬ 
prietors  of  the  town  of  Guilford  to  the  county  commission¬ 
ers,  for  the  use  ofthe  said  county,  agreeably  to  the  requisitions 
of  said  act,  shall  be  reconveyed  to  the  proprietors  of  said  *nd 

town  within  two  months  from  the  passage  of  this  act,  other-  v°eyeJJ  within^ 
wise  this  act  shall  be  null  and  void.  months. 

Approved,  2lst  July,  1837, 


AN  ACT  in  relation  to  the  Municipal  Court  of  Chicago,  and  for  other 

purposes. 


In  force  21st 
July,  1837 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  judge  of 
the  municipal  court  of  the  city  of  Chicago  shall  possess 
all  and  singular  the  powers,  and  he  is  hereby  required  to 


EDUCATION. 


10 

perform  all  the  judicial  duties  appertaining  to  the  office 
of  judge  of  the  circuit  courts  of  this  state,  and  to  issue 
all  such  writs  and  process  as  is  or  may  hereafter,  by 
statutory  provisions,  be  made  issuable  from  the  circuit 
courts  of  this  state. 

Approved  21st  July,  1837. 


In  force  21st 
July,  1837 


AN  ACT  to  increase  the  Compensation  of  County  Commissioners. 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  there  shall  hereafter 
aiiowed^^O  a^owed  1°  eac^  county  commissioner,  in  full  for  his  ser- 
per  day  for  ser-  vices  for  each  day’s  attendance  in  holding  courts^  the  sum  of 
vices  two  dollars  and  fifty  cents,  to  be  paid  on  the  certificate  of 

the'  clerk,  out  of  any  moneys  in  the  treasury  of  the  coun¬ 
ty,  not  otherwise  appropriated;  so  much  of  the  act  regu¬ 
lating  the  salaries,  fees,  and  compensation  of  the  several 
officers  therein  mentioned,  approved  February  19th,  1827, 
as  fixes  the  compensation  of  county  commissioners  at  one 
dollar  and  fifty  cents  per  day,  is  hereby  repealed. 
Approved  21st  July,  1837. 


In  force  21st  AN  ACT  to  encourage  Education  in  Township*five  South,  Range  six  Eagt, 
July,  1837  °f  principal  Meridian. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  the  inhabitants  of 
township  five  south,  range  six  east,  of  the  third  principal 
meridian,  upon  being  incorporated  as  required  by  law  for 
school  purposes,  be  and  they  are  hereby  authorized  to  use 
the  sum  of  two  hundred  dollars,  of  the  interest  arising  from 
said  township  fund,  to  the  erection  of  a  frame  or  brick 
school  house  in  the  town  of  MeLeansboro’  in  said  town¬ 
ship. 

Duty  of  trustees  Sec.  2.  That  it  shall  be  the  further  duty  of  the  trus- 
ol  township  tees  0f  sajq  township  to  cause  to  [be]  kept  in  said  school 
house,  a  school  at  least  three  months  in  each  calender  year , 
for  at  least  five  succeeding  years. 

If  school  is  not  Sec.  3.  If  a  school  should  not  be  kept  in  said  school 
inthe  yeTr°nnS  house,  as  provided  for  in  the  second  section  of  this  act,  then 
the  incorporation  of  said  township  shall  be  bound  to  pay 


INCORPORATIONS. 


/  ,  .  «  . . 

back  to  the  township  fund  the  amount  of  money  used  by 

them  under  the  provisions  of  the  first  section  of  this  act. 

Sec.  It  shall  be  the  duty  of  the  judges  and  clerks  of 
the  election  to  be  held  in  the  township  for  or  against  the 
township’s  being  incorporated  under  the  provisions  of  the 
fourth  section  of  the  act  to  amend  the  several  acts  in  re¬ 
lation  to  common  schools,  to  open  polls  for  and  against  the 
reception  of  the  provisions  of  this  act,  and  the  same  ma¬ 
jority  shall  be  required  in  favor  of  the  reception  of  the 
provisions  of  this  act,  as  is  required  for  the  township  to 
be  incorporated;  and  if  said  majority  shall  not  be  obtain- 
ed.jthis  act  shall  be  void. 

This  act  shall  be  in  force  from  and  after  its  passage. 
Approve!)  21st  July,  1837. 


AN  ACT  to  incorporate  the  city  of  Alton. 

Sec.  I.  Beit  enacted  by  the  people  oj  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  the  inhabitants 
residing  within  the  following  limits  and  boundaries;  to 
wit:  Beginning  at  the  northeast  corner  of  section  twelve, 
in  township  five  north,  in  range  ten,  west  of  the  third  prin¬ 
cipal  meridian,  in  the  county  of  Madison  and  State  of  Il¬ 
linois,  and  running  thence  west  on  the  r  orth  boundary 
lines  of  sections  12,  11,  and  10,  to  the  middle  of  the  Mis¬ 
sissippi  River,  thence  due  south  to  the  main  channel  of  the 
said  river,  thence  down  the  main  channel  of  the  said 
river  to  a  point  due  south  of  the  southeast  corner  of 
fractional  section  thirteen,  in  township  No.  five  north, 
thence  due  north  to  the  southeast  corner  of  the 
aforesaid  fractional  section  1 3,  and  thence  north  on  the 
east  boundary  lines  of  the  aforesaid  fractional  section  13 
arid  section  12,  to  the  place  of  beginning,  shall  be  incor¬ 
porated  and  known  as  a  corporation,  by  the  name  of  the 
“City  of  xAlton;”  and  the  said  corporation,  by  their  name 
aforesaid,  shall  Have  perpetual  sucressson;  may  sue  and  be 
sued,  complain  and  defend  in  any  and  all  places  and  courts 
whatsoever;  may  have  and  use  a  common  seal,  and  alter 
it  at  pleasure;  may  take  and  hold  real  and  personal  estate 
by  gift,  grant,  purchase,  or  otherwise,  as  the  purposes  of 
the  city  may  require;  rpay  borrow  money,  and  pledge  the 
revenue  and  faith  of  the  corporation,  and  issue  scrip  or 
bonds  for  the  payment  of  the  same. 

Sec.  2.  The  territory  contained  within  the  boundaries 
of  the  said  “City  of  Alton,”  shall  be  divided  into  four 

C 


Id  rce  2 1 st 
July,  1837 


Boundaries  of 
city 


C  orporate 
name 

To  have  suc¬ 
cession 

Further  powers 


May  borrow 
money 
To  issue 
or  bonds 


scrip 


City  to  be  divi¬ 
ded  into  four- 
wards 


is 


INCORPORATIONS*. 


Boundary  of 
First  ward 


Second  ward 


Third  ward 

Fourth  ward 

Mayor  and  Al¬ 
dermen  may 
divide  city  into 
wards  what 
deemed  neces¬ 
sary 

Each  ward 
shall  have  three 
Aldermen 


Mayor  and  Al¬ 
dermen  elected 
annually 
Other  officers 
All  to  be  cit¬ 
izens  of  the  U- 
nited  States 
Age 

Six  months  res  ¬ 
idence  required 

Election  of  of¬ 
ficers 


Shall  qualify 
and  enter  on 
duties 

Annual  elec¬ 
tion 


Vacancy, 

filled 


how 


wards  as  follows,  to  wit:  All  of  that  part  of  the  said  city, 
which  lies  west  of  the  line  run  in  the  same  direction  with 
Market  street,  to  the  north  boundary  of  the  corporation, 
shall  constitute  and  form  the  first  ward;  all  that  part  of 
the  said  city  which  lies  east  of  the  first  ward,  and  west 
of  Langdon  street,  as  now  platted,  and  west  of  a  line  run 
in  the  same  direction  with  the  said  Langdon  street,  to  the 
north  boundary  of  the  said  corporation,  shall  constitute 
the  second  ward;  all  that  part  of  the  said  city  which  lies 
east  of  the  second  ward,  and  south  of  the  half  section  line 
running  east  and  west  through  section  twelve,  shall  con¬ 
stitute  the  third  ward;  and  all  that  part  of  the  said  city 
which  lies  east  of  the  second  ward,  and  north  of  the  third 
ward,  shall  constitute  the  fourth  ward.  The  mayor  and 
aldermen  of  said  city  shall  have  power,  from  time  to  time, 
to  cause  a  correct  division  of  the  said  city  to  be  made 
into  as  many  wards  as  they  may  deem  necessary  and 
for  the  good  of  the  inhabitants  of  said  city:  Provided 
however ,  That  no  division  of  the  said  city  shall  be  legal 
unless  it  be  made  at  least  three  months  preceding  the 
city  election  next  ensuing.  Each  ward  shall  have  three 
Representatives  or  aldermen,  who  shall  be  elected  from 
the  residents  of  such  ward  as  they  may  respectively  in¬ 
habit. 

Sec.  3.  For  the  municipal  government  of  the  said  city 
there  shall  be  elected  annually,  one  mayor,  twelve  aider- 
men,  one  register,  one  treasurer,  one  collector,  three 
assessors,  one  street  commissioner,  and  one  constable, 
who  shall,  at  the  time  of  their  election,  be  citizens  of  the 
United  States,  twenty-one  years  of  age,  and  shall  have 
resided  in  the  said  city  at  least  six  months,  next  preceding 
the  day  of  their  election. 

Sec.  4.  There  shall  be  an  election  held  in  the  said 
city,  under  this  act,  at  such  time  or  place  as  the  president 
and  board  of  trustees  of  the  town  of  Alton  may  designate 
and  appoint,  for  the  election  of  the  several  officers  named 
in  the  third  section  of  this  act,  who  shall,  within  ten  days 
after  their  election,  qualify  and  enter  upon  the  duties  of 
their  respective  offices.  And  after  the  first  election,  held 
as  aforesaid,  an  election  shall  be  held  annually  in  each  of 
the  wards  of  said  city,  for  the  said  officers,  in  such  manner, 
and  under  such  regulations  and  rules  as  the  mayor  and 
aldermen  of  said  city  may  by  ordinance  prescribe;  at 
wffiich  election  the  polls  shall  be  kept  open  one  day,  from 
eight  o’clock,  A.  M.,  until  seven  o’clock,  P.  M.  And  any 
vacancy  in  the  aforesaid  offices  which  may  happen  be¬ 
tween  the  annual  elections,  shall  be  filled  by  an  order  from 
the  mayor,  directed  to  the  inspectors  of  election,  to  hold  a 
special  election  to  fill  such  vacancy,  who  shall  give  at 


INCORPORATIONS. 


19 


least  six  days  notice  in  some  newspaper  in  said  city,  or  Notice  of  Spa¬ 
in  hand  bills,  put  up  at  least  two  in  each  ward,  in  the  most  ciaI  electiou 
public  places  in  said  city,  of  all  special  and  annual  elec¬ 
tions  to  111  1  the  aforesaid  offices. 

Sec.  5.  All  elections  of  said  city  shall  be  by  ballot,  Elections  to  be 
until  otherwise  ordered  by  the  mayor  and  aldermen.  by  balIot 
‘And  all  persons  qualified  to  vote  for  members  of  the  Gene¬ 
ral  Assembly  of  this  state,  for  the  time  being,  who  shall  have 
resided  sixty  da  vs  next  preceding  such  election,  within 

m  %/  ^  A  O  *  *  -.-r  ». 

the  corporate  boundaries  of  said  city,  shall  be  entitled  to  ar®  ^ual* 

vote  for  any  of  the  officers  named  in  the  third  section  of 

this  act.  If  any  person  offering  to  vote  shall  be  required  by 

any  qualified  voter  to  make  oath  of  his  qualifications  to 

vote,  the  inspectors  of  such  election  shall  require  him  to 

swear  as  follows,  to  wit: 

“You  do  swear  that  you  have  resided  in  the  State  of  II- Oath  to  be  ta- 
linois  six  months  next  preceding  this  election;  that  you  whei^req^h’ed  * 
are  twenty  one  years  of  age;  that  you  have  resided  in  the  or  challenged 
city  of  Alton  sixty  days  next  preceding  this  election;  and 
that  you  have  not  voted  at  this  election.” 

Any  person  in  making  the  said  oath,  who  shall  swear  Penalty  for  per? 
falsely,  shall  be  subject  to  all  the  penalties  for  perjury  un-Jury 
der  the  laws  of  this  State. 

Sec.  6.  The  three  persons  in  each  ward  who  shall  re-  Officers  elected 
ceive  the  highest  number  of  votes  for  Aldermen  in  their 
respective  wards,  shall  be  declared  duly  elected;  and  the 
persons  who  shall  receive  the  highest  number  of  all  the 
votes  given  in  the  said  city,  for  mayor,  register,  treasurer, 
collector,  street  commissioner,  assessors,  and  constable, 
shall,  in  like  manner,  be  declared  duly  elected,  who  shall  Term  0f  0fflce 
hold  their  offices  for  one  year,  and  until  their  successors 
shall  be  elected  and  qualified.  And  the  said  officers,  so 
elected,  shall,  within  twenty  days  from  the  day  of  their  Shall  enter  on 
election,  qualify  and  enter  upon  the  duties  of  their  said  duties  in  twenty 
offices;  and  any  officer  neglecting  or  refusing,  within  the  dajs 
said  twenty  days,  to  qualify  and  enter  upon  the  duties  of  In,ca!0 
his  office,  the  office  of  the  person  so  neglecting  or  refusing  etl  ’vacant 
shall  be  deemed  vacant,  and  another  election  ordered  to 
fill  such  vacancy.  Every  person  elected  to  fill  any  of  the 
above  offices  shall,  before  he  enters  on  the  duties  of  the  °atJjeis  to 
same,  take  and  subscribe  an  oath,  before  any  person  au¬ 
thorized  to  administer  oaths  in  this  State — That  he  will 
support  the  Constitution  of  the  United  States,  and  of  this 
State;  and  that  he  will,  in  all  things,  faithfully,  and  to  the 
best  of  his  ability,  discharge  the  duties  of  his  office;  0ath  t0 'be  filed 
which  oath  shall  be  filed  with  the  register  of  the  city. 

Sec.  7.  The  mayor  of  said  city  shall  have  all  the  ordi-  Duty  of  Mayor 
nances  passed  by  the  common  council  faithfully  execu¬ 
ted;  and  to  aid  him  in  the  discharge  of  his  duty,  he  is 


20 


INCORPORATIONS. 


In  case  of  riot, 
to  call  out  mi¬ 
litia 

Fine  for  diso¬ 
bedience 

Special  meet¬ 
ings  of  Alder¬ 
men 


Mayor  to  be 
ex  justice  of  the 
peace 

To  administer 
oaths 


J  urisdiction 
Fees 


Common  couiv 
eiR 


Mayor  to  pre¬ 
side  and  have 
casting  vote 


Quorum 


Power  to  ap- 
point  officers 
and  agents 


hereby  authorized  to  call  on  every  male  inhabitant  of  said 
city  over  the  age  of  eighteen  years,  and  in  cases  of  riot,  to 
callout  the  militia  to  aid  him  in  carrying  the  same  into  ef¬ 
fect;  and  any  person  who  shall  not  obey  the  call  of  the 
mayor  or  his  agent,  shall  forfeit  to  the  corporation  a  fine 
not  exceeding  live  dollars.  The  mayor  shall  have  power 
to  call  special  meetings  of  the  aldermen,  when  in  his 
opinion  the  public  good  may  require  it.  He  shall  have 
power  whenever  he  may  deem  it  necessary,  to  require  of 
any  of  the  officers  of  said  city,  an  exhibit  of  his  books  and 
papers;  and  he  shall,  from  time  to  time,  make  such  commu¬ 
nications  to  the  board  of  aldermen  as  he  may  consider  ne¬ 
cessary  and  proper;  and  in  general  he  shall  have  power  to 
do  all  other  acts  and  things  that  may  be  required  of  him, 
by  any  ordinance  made  in  pursuance  of  this  act.  He 
shall  be,  ex-officio,  a  justice  of  the  peace  in  the  said  city; 
and  as  such  he  shall  have  power  to  administer  oaths,  issue 
writs  and  process,  under  the  seal  of  said  city;  and  he  or 
any  justice  of  the  peace  may  try  and  determine  all  causes 
of  action  arising  under  this  act  or  any  of  the  ordinances 
of  the  city,  for  lines,  penalties  or  otherwise.  He  shall  have 
concurrent  jurisdiction  with  justices  of  the  peace,  in  all 
civil  and  criminal  cases  within  the  limits  of  the  corpora¬ 
tion,  and  shall  receive  the  same  fees'  and  compensation  for 
his  services.  He  shall  have  power  to  take  the  acknow¬ 
ledgement  of  deeds,  mortgages,  and  all  other  instruments, 
and  certify  the  same  under  the  seal  of  the  city,  all  of 
which  shall  be  valid  in  law. 

Sec.  8.  The  mayor  and  aldermen  shall  constitute  the 
common  council  of  said  city.  The  common  council  shall 
meet  at  such  times  and  places  as  they  shall  from  time  to 
time  direct,  or  whenever  they  shall  be  required  to  do  so 
by  the  mayor.  The  mayor  when  present,  shall  preside 
at  all  meetings  of  the  common  council,  and  shall  only  have 
a  casting  vote  in  case  the  aldermen  shall  be  equally  di¬ 
vided.  In  his  absence,  any  one  of  the  aldermen  may  be 
chosen  to  preside,  and  seven  twelfths  (7-12)  of  the  aider- 
men  shall  be  a  quorum  to  do  business,  but  a  less  number 
may  adjourn  from  time  to  time,  and  may  compel  the  at¬ 
tendance  of  members  in  such  manner  as  the  common  coun¬ 
cil  may  provide;  and  the  mayor  and  aldermen  shall  be 
the  judges  of  the  qualifications,  elections,  and  returns  of 
their  own  members,  and  other  officers  of  said  cicy;  shall 
have  power  to  appoint  such  officers  and  agents,  and  pre¬ 
scribe  their  duties;  and  may  require  bonds  with  such  pen¬ 
alties  as  may  be  deemed  proper  from  the  treasurer,  re¬ 
gister,  and  such  other  officers  and  agents  as  to  the  com¬ 
mon  council  may  seem  proper;  and  in  general,  to  fix,  regu^ 
late  or  alter,  the  salaries,  fees  and  compensation,  of  any 


INCORPORATIONS. 


21 


such  officers  or  agents,  and  to  make  such  bj'-laws,  rules  To  make  by- 
and  regulations  for  their  own  government,  and  for  the  laws 
public  good,  as  to  them  may  seem  meet  and  proper. 

Sec.  9.  The  common  council  of  said  city  shall  have  ^e^n(1 
power,  by  ordinance,  to  levy  and  collect  taxes  upon  real  ° 
and  personal  property  within  the  limits  of  said  city,  not 
exceeding  one-half  of  one  per  centum,  upon  the  assessed 
value  thereof,  in  lieu  of  the  county  tax;  to  make  regulations 
to  promote  and  secure  the  general  health  of  said  city;  to  Health  of  city 
prevent  and  remove  nuisances;  to  establish  night  watches;  Night  watches 
erect  lamps  in  the  streets,  and  lighting  the.same;  to  improve  Improvement 
and  preserve  the  navigation  of  the  Mississippi  river  within  of^e  Mis- 
thc  corporate  limits  of  said  city;  to  erect  and  repair  and  sissippi  river, 
regulate  public  wharves  and  docks;  to  regulate  the  rates  Wharves  and 
of  wharfage;  to  provide  for  licensing,  regulating  and  tax-  May  ]icense 
ing  merchants,  taverns,*  auctioneers,  grocers,  retailers* 
and  venders  of  spirituous  liquors  and  wines,  theatrical  and 
other  shows  and  performances;  to  restrain  and  prohibit 
gaming  [and]  gaming  houses;  to  establish  and  repair  brid-  Cl'idge& 
ges;  to  establish  and  regulate  markets;  to  open,  widen  and  Markets 
keep  in  repair,  streets,  avenues,  lanes,  alleys,  drains  and  ^ 

sewers,  and  to  keep  the  same  clear;  to  provide  for  the  pre-  ’  ’  *"  ' 

vention  and  extinguishment  of  fires;  to  regulate  the  stor-  Fkes 
age  of  gunpowd-er  and  other  combustible  materials;  to  Gunpowder, 
erect  pumps  and  keep  them  in  repair;  to  regulate  the  po- Co,nbustlble^ 
lice  of  the  town,  and  in  general  to  provide  such  ordinan¬ 
ces  as  to  carry  into  effect  the  objects  of  this  act,  the  pow¬ 
ers  hereby  granted,  and  as  the  good  of  said  city  may  re¬ 
quire.  The  common  council  shall  provide  for,  and  take  fQ°w 

care  of  all  paupers  within  the  limits  of  said  city;  and  to  pi 
accomplish  this  object,  they  shall  have  the  exclusive  right,  ®*^“sive 
power  and  authority  to  license  and  tax  all  ferries,  taverns, 
merchants,  auctioneers,  p^dlers,  grocers,  venders  of  spir¬ 
ituous  liquors  and  wines,  other  public  houses  of  entertain¬ 
ment,  theatrical  and  other  shows  and  performances,  with¬ 
in  the  limits  of  said  city;  shall  regulate  and  establish  in¬ 
spectors  of  beef,  pork,  wood,  coal,  lumber,  lard,  flour,  and  Jeef anTpork 
all  other  articles  which  they  may  deem  proper  for  the  pub¬ 
lic  good,  and  appoint  the  inspectors,  and  regulate  and  es¬ 
tablish  their  fees;  to  provide  for  the  safe  keeping  of  a  WeigUts  apd. 
standard  of  weights  and  measures,  as  fixed  by  the  United  measures 
States  or  this  state,  and  for  the  regulating  thereby  all  the 
weights  and  measures  in  the  said  city;  to  regulate  party  Walls  &  fence? 
walls  and  fences  in  the  said  city;  to  regulate,  license  and 
tax  pawnbrokers,  exchange  brokers,  and  forwarding  mer-  Brokers; 
chants;  to  establish,  appoint  and  regulate  gaugers,  meas-  Caygers, &c,' 
urers,  and  weigh  masters,  and  prescribe  their  fees;  to  reg"Coaches 
ulatc,  license  and  tax  hackney  coaches,  and  all  other  car-  Wagg0ns!  &cyS 
riages  and  vehicles  kept  for  hire,  also  drays,  waggons. 


Wooden  build¬ 
ings 

Shall  keej)  all 
roads  and  brid¬ 
ges  in  good  re¬ 
pair  . 


Three  days  la¬ 
bor  to  be  requi¬ 
red  of  males  on 
public  roads,  or 
pay  1  dollar  for 
each  day 

M»y  be  sued 


Special  tax  to 
grade  and  pave 
side  yvalks 


Schools 


May  buy  lots  & 
build  school 
houses 

Proviso 

Number  of  in¬ 
habitants 

Schools  to  be 
yisted 


INCORPORATIONS. 

carls,  porters  and  watermen  within  the  limits  of  said  city, 
and  to  direct,  in  future,  in  what  part  of  the  city  buildings 
of  wood  shall  not  be  erected. 

Sec.  10.  That  the  common  council  of  the  city  of  Alton 
shall  hereafter  be  required  to  keep  all  public  roads  and 
bridges  in  good  order  and  repair,  within  the  city  of  Alton, 
and  for  that  purpose  the  common  council  shall  have  the 
exclusive  right  to  call  on  every  male  person  in  said  city, 
over  the  age  of  twenty  one  years,  and  under  the  age  of 
fifty  years,  being  residents  of  said  city,  to  perform  three 
days  labor  on  said  roads  and  bridges  annually,  or  to  pay 
into  the  city  treasury  the  sum  of  one  dollar  for  each  and 
every  day  the  said  residents  shall  refuse  to  labor  as  afore¬ 
said;  and  in  case  of  non-payment  or  refusal  to  labor,  the 
city  council  shall  have  power  to  sue  for  and  collect  the 
same,  in  the  manner  as  is  now7  provided  under  the  provis¬ 
ions  of  the  general  road  law;  and  that  after  due  perform¬ 
ance  of  the  labor  aforesaid,  or  payment  of  the  penalty 
aforesaid,  said  residents  shall  be  exempt  from  any  other 
taxation  under  the  power  and  authority  of  the  county  com¬ 
missioners  of  Madison  county,  by  virtue  of  the  provisions 
of  the  general  road  law  of  the  state  of  Illinois. 

Sec.  11.  That  upon  the  application  of  the  owners  of 
two-thirds  of  the  front  of  the  lots,  cn  any  street  or  part 
of  a  street  in  said  city,  it  shall  be  lawful  for  the  common 
council  to  levy  and  collect  a  special  tax  on  the  owners  of 
the  lots  on  said  streets,  or  parts  of  streets,  according  to 
their  respective  fronts,  for  the  purpose  of  grading  and  pa¬ 
ving  the  side  walks  on  said  streets. 

Sec.  1 2.  The  common  council  of  said  city,  arc  hereby  em¬ 
powered  and  authorized  to  establish  elementary  or  common 
schools,  wherein  reading,  writing,  arithmetic,  geography, 
grammar,  and  other  useful  branches  of  English  education 
may  be  taught;  and  for  this  purpose,  the  common  council 
are  authorized  and  empowered  to  purchase  lots,  erect  school 
houses  or  buildings,  and  suitably  to  furnish  the  same,  in 
such  parts  of  the  city  as  may  by  them  be  deemed  the  most 
convenient  and  beneficial  to  the  citizens  thereof:  Provided , 
That  not  more  than  one  house  shall  be  erected  for  every 
seven  hundred  and  fifty  inhabitants,  and  to  procure  suita¬ 
ble  teachers  for  the  same;  and  said  common  council,  or 
persons  appointed  by  them,  shall  visit  said  schools  quarter¬ 
ly,  and  report  to  the  common  council,  at  their  annual 
meeting  to  be  held  for  that  purpose,  the  state  of  the  mor¬ 
als,  discipline,  and  progress  in  learning,  in  said  schools;  and 
the  said  common  council  are  hereby  empowered  to  assess 
upon  the  real  estate  of  said  city,  the  sum  necessary  to 
purchase  lots  and  erect  the  buildings  necessary  for  such 
purpose;  and  to  assess  a  tax  upon  personal  property,  suffix 


INCORPORATIONS!. 


cicnt  to  raise  the  necessary  sum  of  money  for  the  support 
of  said  schools,  which -assessment  shall  not  exceed  one 
quarter  per  cent,  and  constitute  a  fund  exclusively  for  the 
support  of  common  schools.  The  common  council  of  said 
city  are  hereby  empowered,  by  ordinance,  to  direct  what¬ 
ever  may  be  necessary  to  be  done,  for  successfully  carry¬ 
ing  into  operation  the  provisions  of  this  section. 

Sec.  13.  The  common  council  of  the  said  city  are  em¬ 
powered  to  regulate,  grade,  pave  and  improve  the  streets,  a^leyff> 

avenues,  lanes,  and  alleys,  within  said  city,  and  to  extend,  graded  Y  6 
widen,  and  open  the  same,  making  the  person  or  persons 
injured  thereby,  adequate  compensation;  to  ascertain 
which,  the  common  council  shall  cause  to  be  summoned 
six  good  and  lawful  men,  free  holders  and  citizens  of  said 
cit}r,  not  directly  interested  in  the  case,  who  being  first 
duly  sworn  for  that  purpose,  shall  enquire  into  and  take 
into  consideration  the  benefits  as  well  as  the  injury  which 
may  accrue,  and  estimate  and  assess  the  damages  which 
would  be  sustained  by  reason  of  the  opening,  extending,5 
and  widening,  of  any  street,  lane  or  alley,  which  damages 
they  shall  then  apportion  and  assess,  upon  any  and  all  the 
real  estate  in  said  city,  which  they  may  believe  will  be 
benefitted  by  the  opening,  extending,  or  widening,  any 
street,  lane,  or  alley,  in  the  said  city;  all  of  which  they 
shall  return  to  the  common  council  of  said  city,  under  their 
hands  and  seals;  and  the  assessment  so  made,  shall  be  col¬ 
lected  as  other  taxes  on  real  estate,  and  paid  over  to  the 
person  or  persons  whose  property  has  been  taken  for  the 
purpose  of  opening,  widening,  or  extending,  any  street, 
lane,  or  alley,  in  the  said  city;  and  upon  the  payment  of 
the  same,  the  person  or  persons  whose  property  has  been 
so  taken,  shall  deed  to  the  public  forever,  all  such  property 
as  shall  be  taken  for  the  purpose  of  opening,  widening,  or 
extending,  any  street,  lane,  or  alley,  as  aforesaid. 

Sec.  14.  That  any  person  or  persons  appointed  to  col-  Taxes  may  b# 
lect  the  tax  on  personal  property,  imposed  by  virtue  of  the  collected  by  dis-- 
powers  granted  by  this  act,  shall  have  power  and  authori-  tiess  and  sale* 
ty  to  collect  the  same  by  distress  and  sale  of  the  goods  and 
chatties  of  the  person  or  persons  chargeable  therewith, 
but,  no  sale  shall  he  made  unless  twenty  days  previous  no-  T 
tice  shall  be  given  in  some  newspaper  published  in  said  iveiu 
city,  or  by  putting  up  written  or  printed  notices  at  two  or 
more  public  places  in  said  city;  and  when  any  tax  on  real 
estate  within  the  city  of  Alton,  is  not  paid  according  to 
the  ordinances  of  the  said  city,  the  said  real  estate  shall  be 
sold  for  said  tax,  and  shall  be  redeemable  as  may  be  pro¬ 
vided  by  ordinance. 

Sec.  15.  That  ali  elective  officers  who  shall  be  guilty 
of  any  palpable  omission  of  official  duty,  or  who  shall  wiR 


24 


INCORPORATIONS. 


Officers  liable 
to  indictment. 

Fine, 


Maj-  be  remov 
ed. 

All  fines  to  be 
received  in 
name  of  city. 


Execution. 


Ca.  sa.  may  be 
issued. 


Ordinances 
may  be  passed 
by  city  authori¬ 
ty — binding. 


Taxes  and  fines 
to  be  paid  to 
eity  treasury; 


If  Upper  Alton 
Or  any  inhabit¬ 
ants  wish  to  be 
connected  with 
city  of  Alton. 


fully  and  corruptly  be  guilty  of  oppression,  malconduct, 
or  partiality  in  the  discharge  of  his  official  duty,  shall  be 
liable  to  indictment  before  the  municipal  court  of  the  city, 
and  on  conviction  thereof  he  shall  be  fined  in  a  sum  not 
more  than  two  hundred  dollars,  and  the  court  shall  have 
power,  on  the  recommendation  of  the  jury,  to  add  to  the 
judgment  of  the  court  that  said  officer,  so  convicted,  shall 
be  removed  from  office. 

Sec.  16.  All  fines,  penalties,  and  forfeitures  imposed  by 
the  ordinances  of  the  common  council  of  the  city  of  Alton, 
or  by  this  act,  if  not  exceeding  one  hundred  dollars,  shall 
be  recovered  in  the  name  of  the  city  of  Alton,  before  any 
justice  of  the  peace  residing  in  the  said  city;  and  if  any 
such  fine,  penalty  or  forfeiture,  shall  exceed  one  hundred 
dollars,  it  shall  be  recovered  in  the  name  of  the  city  of  Alton, 
in  any  court  having  competent  jurisdiction  of  the  same, 
arid  where  the  amount  of  the  fine  penalty  or  forfeiture  is 
not  specifically  defined  by  ordinance,  or  by  this  act,  the 
court  trying  the  case  shall  say  what  the  amount  shall  be, 
and  execution  shall  issue  forthwith,  and  be  levied  on  the 
goods  or  chatties  of  the  person  or  persons  convicted  to  be 
found  in  the  county  of  Madison;  and  if  no  goods  and  chat¬ 
ties  be  found  upon  which  to  levy,  a  ca.  sa.  may  be  issued 
against  the  body  of  any  offender  or  offenders,  who  shall  be 
imprisoned  in  the  city  jail$  forty-eight  hours,  for  the  first  ten 
dollars  of  fine  that  may  be  issued  against  him,  her,  or  them, 
and  twenty-four  hours  for  each  additional  ten  dollars  of  fine 
as  aforesaid. 

Sec.  17.  The  common  council  ofthe  city  of  Alton  shall 
have  power  to  pass  any  ordinance  for  the  government  of 
the  said  city,  not  repugnant  to  the  laws  ofthe  state;  and 
all  ordinances  and  acts  passed  by  the  common  council  afore¬ 
said  shall  be  obligatory  upon,  and  cognizable  by  the  sever¬ 
al  courts  of  this  state,  and  justices  of  the  peace,  sheriffs, 
and  constables,  in  the  county  of  Madison,  and  all  other 
persons  within  the  limits  of  said  city,  to  all  intents  and  pur¬ 
poses,  as  the  acts  of  the  General  Assembly  of  the  State  of 
Illinois. 

Sec.  18.  All  taxes,  fines,  forfeitures,  and  moneys,  aris¬ 
ing  from  any  source  mentioned  in  this  act,  shall  be  paid 
into  the  city  treasury,  unless  otherwise  directed  by  this  act 
or  the  ordinances  of  the  city,  to  be  expended  for  the  benefit 
of  the  said  city  under  the  direction  of  the  common 
council. 

Sec.  19.  Whenever  a  majority  of  the  inhabitants  of 
Upper  Alton,  qualified  to  vote  for  Governor  of  this  state,  or 
whenever  the  inhabitants  of  any  quarter  section,  half  sec¬ 
tion,  or  section  of  land,  adjoining  the  present  limits  ofthe 
city  of  Alton,  shall  vote  in  favor  of  becoming  a  part  of  said 


INCORPORATIONS. 


city,  any  three  of  them  may  make  affidavit  before  a  justice 
of  the  peace,  who  shall  certify  the  same  to  the  common 
council  of  said  city,  said  common  council  may  by  ordi-  M  be  receJv 
nance  receive  them  as  apart  of  said  city;  from  thenceforth  ed. 
the  quarter  section,  half  section,  or  section  of  land  so  re¬ 
ceived  shall  be  a  part  of  the  said  city;  and  the  inhabitants 
thereof  shall  be  entitled  to  all  the  rights  and  privileges, 
and  bound  by  all  the  acts  and  the  ordinances  made  in  con¬ 
formity  thereto. 

Sec.  20.  All  ordinances  passed  by  the  common  council  Ordinances  to 
of  the  city  of  Alton,  shall  be  published  in  some  newspaper  bs  published, 
within  the  city,  or  posted  up  in  two  gf  the  most  public 
places  in  said  city,  at  least  ten  days  before  said  ordinances 
shall  take  effect. 

Sec.  21.  There  shall  be  established  in  said  city  of  Al-  Court  estabiisi*,- 
ton,  a  municipal  court,  which  shall  have  concurrent  or edincity* 
equal  jurisdiction  with  the  circuit  court  in  Madison  county, 
in  all  civil  matters  arising  within  said  Madison  county,  and. 
exclusive  jurisdiction  of  all  criminal  matters  arising 
within  the  corporate  bounds  of  said  city,  except  such  mat¬ 
ters  as  arecognisable ^before  justices  of  the  peace;  Provided , 

That  the  said  court  shall  be  held  in  said  city  in  such 
place  as  may  be  provided  by  the  common  council  thereof. 

Sec.  22.  Said  court  shall  he  held  by  one  judge,  who  Court  to  be  held 
shall  be  appointed  by  joint  ballot  of  both  branches  of  the  by  oneJudse* 
General  Assembly,  and  commissioned  by  the  Governor,  and  judge  sha]1  re. 
shall  during  his  continuance  in  office,  reside  within  the  lim-  side  in  city, 
its  of  said  city,  and  shall  receive  a  salary  of  one  thousand  Salary  of  judge 
dollars  annually,  payable  quarter  yearly  by  the  common 
council  of  said  city,  which  salary  shall  not  be  diminished  but 
may  be  increased  by  said  common  council;  Provided ,  always  Provided. 
That  the  said  judge  may  and  shall  be  removed  from  office  forjudge  may  be 
the  same  causes  and  in  the  same  manner  that  the  con-  removed, 
stitution  of  this  state  provides  for  the  removal  of  other 
judges. 

Sec.  23.  That  the  docket  fees  now  authorized  and  re- Fees  to  be  paid 
quired  by  law  to  be  paid  to  the  clerk  of  the  circuit  court,  shall l°  <jleijk  of 
be  paid  in  all  suits  arising  in  the  said  municipal  court,  to  by  him  ^I^city 
the  clerk  thereof,  and  shall  by  him  be  paid  into  the  city  treasury, 
treasury ;  out  of  which  fees, together  with  the  other  revenues 
of  said  city,  the  salary  of  the  judge  and  the  other  expenses 
of  said  court  shall  be  paid. 

Sec.  24.  That  the  grand  and  petit  jurors  of  said  muni-  Jurors, 
cipal  court  shall  be  selected  from  the  qualified  inhabitants 
of  said  city,  by  the  common  council  thereof,  in  the  same 
manner  as  other  jurors  are  selected  by  the  county  commis¬ 
sioners’ courts  of  this  state;  which  jurors  shall  possess  the 
same  qualifications,  and  [shall  be]  liable  to  the  same  punish-  Duties  and  Ka- 
ments  and  penalties,  and  have  the  benefits  ot  [the]  same  ex-blllties' 

D 


INCORPORATIONS, 


m 


Proviso. 


J  urors,  how 
summoned 


Compensa  tion 
of  jurors 


euses  and  exemptions,  as  are  imposed  upon  and  allowed  by 
the  laws  of  this  state  to  other  jurors;  and  they  shall  take 
the  same  oath,  possess  the  same  powers,  and  be  governed 
in  all  their  proceedings  as  is  prescribed  in  the  cases  of  other 
jurors,  by  the  laws  of  this  state;  Provided ,  That  the  inhabit¬ 
ants  of  said  city  shall  not  be  required  to  act  as  grand  or 
petit  jurors  in  the  circuit  court  of  said  Madison  county. 

Sec.  25.  The  said  jurors  shall  be  summoned  by  the 
sheriff  of  Madison  county  in  the  same  manner  as  other 
juries  are  summoned  by  the  sheriffs  of  this  State;  and  the 
said  juries  shall  be  empannelled  by  the  officers  of  the  said 
municipal  court,  in  the  same  manner  as  juries  of  circuit 
courts;  and  the  judge  of  said  municipal  court  shall  have 
all  the  powers  concerning  jurors  as  are  given  by  the  laws 
of  this  State  to  the  judges  of  the  circuit  courts. 

Sec.  26.  The  juries  of  said  municpal  court  shall  receive 
out  of  the  city  treasury  the  same  compensation  for  their 
services  as  is  allowed  to  the  juries  of  the  circuits  courts,  to  be 
Treasurer  shall  Pa^  uPon  tbe  certificate  of  the  clerk  of  the  said  municipal 
file  certificate  court,  which  certificate  the  treasurer  shall  file  as  his 
of  clerk  voucher. 

Sec.  27.' '  The  judge  of  said  municipal  court  shall 
each™  ear C°mt  hold  four  terms  of  said  court  in  each  year,  for  the  trans¬ 
action  of  civil  and  criminal  business,  and  shall  continue 
each  term  until  the  business  before  it  shall  be  disposed  of. 
Time  of  courts  The  said  terms  shall  respec  tively  commence  on  the  first  Mon¬ 
day  of  January,  April,  July,  and  October:  Provided  al¬ 
ways,  The  common  council  of  said  city  shall  have  power 
Terms  may  be  ^  increase  the  number  of  terms  of  said  court,  or  to  alter 
the  same  by  giving  at  least  four  weeks  notice  thereof  in 
some  newspaper  printed  in  said  city:  Provided ,  also ,  That 
the  common  council  shall  so  order  and  arrange  the  terms 
of  the  said  courts,  that  said  municpal  court  shall  not  be 
held  during  any  sitting  of  the  Madison  circuit  court. 

Sec.  28.  That  the  clerk  of  said  court  shall  be  ap¬ 
pointed  by  the  judge  thereof,  and  enter  into  bonds  as  clerks 
of  the  circuit  courts  are  now  required  to  do,  and  shall 
Fees  of  cie:k  receive  the  same  emoluments  as  the  clerk  of  the  circuit 
court  for  similar  services;  which  fee  shall  be  collected 
in  the  same  manner  as  provided  by  the  laws  of  this 
State. 

Sec.  29.  That  the  rules  and  proceedings,  not  herein 
otherwise  provided  for,  shall  conform  as  near  as  may  be 
Appeals  grant  to  the  rules  and  proceedings  of  the  circuit  courts  of  this 
@d  from  mum  gmte,  and  appeals  from  the  municipal  court  shall  be  ta¬ 
ken  and  conducted  in  the  same  manner  as  provided 
by  the  laws  of  this  State  for  the  taking  of  appeals  or 
writs  of  error  from  the  circuit  court.  All  judgments 
rendered  in  said  municipal  court  shall  have  the  same  lean 


increased 


Proviso 


Judge  to  ap¬ 
point  clerk 


cipal  court 


INCORPORATIONS. 


27 


on  real  and  personal  estate,  and  shall  be  enforced  and 
collected  in  the  same  manner  as  judgments  rendered  in 
the  circuit  courts  of  this  State;  and  all  appeals  fromAppeiilg  A.om 
judgments  rendered  by  the  mayor  of  said  city,  or  any  justice  peace 
justice  of  the  peace  within  the  limits  of  said  city,  may  be 
taken  to  the  next  circuit  or  municipal  court,  whose  term 
shall  first  happen,  at  the  option  of  [the]  appellant. 

Sec.  30;  The  judge  of  said  municipal  court,  together  Judge  may 
with  the  advice  and  consent  of  the  common  council,  shall  regulate  fees 
have  power,  from  time  to  time,  to  establish,  alter,  and  re¬ 
gulate  the  fees  which  shall  be  charged  in  all  suits  brought 
in  and  adjudicated  by  said  court,  and  shall  have  power 
to  order  and  direct  the  amount  of  fees  and  costs  that 
shall  be  taxed  against  the  successful  or  unsuccessful  party 
in  all  such  suits,  which  fees  shall  be  taxed  by  the  clerk  of 
said  court,  and  recovered  and  collected  in  the  same  manner 
as  fees  are  recovered  and  collected  in  the  circuit  courts 
of  this  Sfate;  and  that  all  docket  or  jurors’  fees  accruing 
or  arising  in  said  municipal  court  shall  be  paid  into  the 
city  treasury;  and  that  the  grand  and  petit  jurors  shall 
be  paid  out  of  the  city  treasury  the  same  compensa¬ 
tion  as  is  now  allowed  to  grand  or  petit  jurors  by  the 
laws  of  the  State:  Provided,  The  aforesaid  section  shall  not 
be  construed  to  allow  said  judge  or  common  council  to 
levy  a  higher  fee  upon  any  resident  plaintiff  or  defendant 
who  may  reside  within  the  limits  of  said  city,  than  is  now 
imposed  by  the  laws  of  this  State;  and  said  section  shall 
only  apply  to  parties  plaintiff,  or  plaintiffs  who  may  sue  in 
said  court,  and  who  shall  not  reside  within  said  city  of 
Alton. 

Sec.  31.  The  common  council  shall  have  power  to  ap-  Prosecuting  at- 
point  a  prosecuting  attorney  for  said  municipal  court,  who  torney 
shall  conduct  all  suits  brought  by  said  city  of  Alton  against 
natural  or  artificial  persons,  either  before  the  mayor  of 
said  city,  before  any  justice  of  the  peace,  or  in  the  munici¬ 
pal  court  of  said  city,  and  who  shall  defend  all  cases  in 
which  the  said  city  shall  be  made  defendant,  and  who 
shall  perform  all  the  duties  before  said  municipal  court,  as 
are  or  may  be  required  of  the  several  circuit  attorneys,  in 
their  respective  circuits  in  this  state,  nnd  who  shall  be  enti¬ 
tled  to  the  same  tees  as  said  circuit  attorneys  are  allow'ed 
for  similar  services  in  this  state;  and  the  said  attorney 
shall  be  allowed  such  annual  salary  as  the  common  council  ary 
shall  order  and  direct. 

Sec.  32.  The  said  municipal  court  shall  be  a  court  of  Municipal 
record,  and  have  a  seal  to  be  provided  by  the  common  court.a  counof 
council,  and  all  writs  and  process  of  said  court  shall  be  May  have  a 

tested  in  the  name  of  the  judge  of  said  court,  and  seal 

signed  by  the  clerk,  under  the  seal  of  said  court,  and  .Process  *ested 

°  J  '  7  7  in  name  of 


INCORPORATIONS. 


Sha'lgive  addi¬ 
tional  bond 


Register’s  of¬ 
fice. 


Judge  and  shall  be  directed  in  the  same  manner  as  other  writs  em&* 
signed  by  cleik  nating  from  circuit  courts  of  this  state;  and  the  sheriff  or 
other  officer,  serving  said  writs  and  process,  shall  receive 
Fees  of  sheriff  the  same  fees  as  are  allowed  to  sheriffs  for  similar  services 
by  the  laws  of  this  state.  And  the  sheriff  of  Madison 
Deputies  in  city  county  shall  be  required  to  appoint  one  or  more  deputies, 
who  shall  reside  within  the  corporate  limits  of  said  city. 
And  the  said  sheriff  of  Madison  county  shall  be  required 
to  give  an  additional  bond,  with  the  same  penalty  and 
same  conditions  as  are  required  of  sheriffs  in  the  several 
counties  of  this  state. 

Sec.  33.  There  shall  be  established  in  said  city,  a  re¬ 
gister’s  office  with  a  common  seal  to  be  provided  by  the 
common  council,  in  which  all  deeds,  mortgages,  and  other 
instruments  in  writing,  conveying,  or  relating  to  lands  ly¬ 
ing  in  said  city,  shall  be  recorded;  and  it  shall  be  the  duty 
Duty  cf  register  of  the  register  of  said  city  to  record  all  such  deeds,  mort¬ 
gages,  and  other  instruments  in  writing  aforesaid,  in  pro¬ 
per  and  well  bound  books,  to  be  provided  by  the  common 
council  for  that  purpose;  and  all  such  deeds,  mortgages, 
and  other  instruments  in  writing,  so  recorded  in  the  regis¬ 
ter’s  office,  shall  have  the  same  force  and  effect  as  if  the 
same  had  been  tiled,  recorded  in  the  recorder’s  office  of 
Madison  county;  and  the  said  register  shall  be  entitled  to 
Fee*  ofregister  receive  the  same  fees  as  are  allowed  to  recorders  of  deeds 
in  this  state,  and  who  shall  perform  all  the  duties  within  the 
said  city,  and  be  subject  to  the  same  liabilities  as  are  re¬ 
quired  of  county  recorders  in  this  state. 

Sec.  34.  The  common  council  shall  have  power  and 
authority  to  transcribe,  into  books  suitable  for  that  purpose, 
all  deeds,  mortgages,  and  other  instruments  in  writing,  re¬ 
lating  to,  or  conveying  lands,  lying  within  the  corporate  li¬ 
mits  of  said  city,  noting  at  the  end  of  each  deed,  mortgage, 
or  other  instrument  in  writing,  the  book  and  page  in  which 
said  instrument  is  recorded  in  the  recorder’s  office  of  said 
county.  And  the  said  common  council  shall  have  power  to 
appoint,  for  the  purpose  of  transcribing  said  instruments  in 
writing,  some  proper  person  or  persons,  who  shall  have 
free  access  to  the  records  of  Madison  county,  for  the  pur¬ 
pose  of  transcribing  such  instruments  in  writing  as  afore¬ 
said,  and  who  shall  receive  such  compensation  for  such 
services  as  the  common  council  shall  agree  upon,  to  be 
paid  out  of  said  city  treasury.  r 

Sec.  35,  The  register  of  the  said  city  shall  keep  his 
ter  to  be  in  city  office  within  the  boundaries  thereof,  in  a  safe  and  conve¬ 
nient  place,  to  be  provided  for  that  purpose  by  the  common 
council;  and  from  and  after  this  act  shall  take  effect,  the 
said  register’s  office  shall  be  and  remain, to  all  intents  and 
purposes,  the  place  in  which  to  record  deeds,  mortgages. 


Common  coun 
cil  to  appoint 
scribe  who 
shall  have  ac¬ 
cess  to  all  re- 
fiords 


Office  of  regis- 


INCORPORATIONS. 


20 


and  title  papers,  and  other  instruments  in  writing,  relating 
to  lands  within  the  limits  of  said  city;  and  all  copies  of  such 
deeds,  mortgages,  and  other  instruments  in  writing,  from 
the  records  of  said  office,  duly  certified  under  the  seal  of 
said  office,  shall  have  the  same  force  and  effect  as  certi¬ 
fied  copies  made  by  other  recorders. 

{Sec.  30.  That  from  and  after  the  officers  of  said  city  this^act 
are  elecced  at  the  first  election  under  this  act,  and  qualified  all  powers  of 
for  office  according  to  the  previous  sections  of  this  act,  ail  trustees  to  be 
the  powers  of  the  trustees,  and  other  officers  of  the  town  v0ld* 
of  Alton,  shall  be  void;  and  the  common  council  so  elected 
and  qualified,  shall  be  deemed  inlaw  successors  to  the  trus¬ 
tees  to  the  town- of  Alton,  to  all  intents  and  purposes;  and 
all  obligations  and  contracts  entered  into  by  the  trustees 
of  Alton,  shall  be  carried  into  full  effect  by  the  common 
council  of  said  city  of  Alton. 

Sec.  37.  That  all  copies  of  the  ordinances  or  other  pro-  Copies  of ordin- 
ceedings  of  the  common  council  of  the  city  of  Alton,  certi-  read  aS™vfdeu- 
fied  by  the  clerk  of  said  city,  under  the  seal  thereof,  shall  ce. 
be  read  in  evidence  in  any  court  of  this  state. 

Sec.  38.  This  act  to  he  in  force  and  effect  from  and  af¬ 
ter  its  passage. 

Sec.  39.  Nothing  in  this  act  contained  shall  authorize  Property  of 
the  corporation  to  levy,  assess,  or  collect,  any  tax  or  impo- state  exemPl 
sition  of  any  kind  whatever,  upon  property  owned  by  the  hnm  Uxatlon*' 
state. 

Approved,  21st  July,  1837. 


AN  ACT  to  incorporate  the  CentrewlJe  Steam  Mil)  Company.  j(1-  polce 

J  uly,  183I,.- 

Sec.  1.  Be  il  enacted  by  ike  people  of  the  Stale  of  Illinois , 
represented  in  the  General  Assembly,  That  all  such  persons 
as  shall  hereafter  become  subscribers  to  the  stock  hereinaf¬ 
ter  described,  shall  be,  and  they  are  hereby  constituted  and 
declared  a  body  corporate  and  politic,  by  the  name  and  Body  corporate 
styleof  the  Centrevilie  Steam  Mill  Company,  from  and  after  and  politic.- 
the  passage  of  this  act,  and  by  that  name  they  and  their 
successors  shall  have  succession,  and  shall  in  law  be  capa- 
hie  of  sueing  and  being  sued,  plead  and  being  impleaded  in  1  J"eis' 
all  courts  and  places  whatsoever,  may  have  a  common  seal, 
and  alter  the  same  at  pleasure;  and  they  and  their  succes¬ 
sors  may  also  by  that  name  and  style  be  capable  in  law  of 
purchasing,  holding  and  conveying  away  real  and  personal 
estate  for  the  uses  and  purposes  of  said  incorporation;  seljye5J^tld  and 
which  real  estate  shall  not  exceed  one  hundred  and  sixty 


INCORPORATIONS. 


so 


F urther  powers 


Capital  stock 
may  be  increas¬ 
ed. 


Corporation  to 
obtain  subscrip¬ 
tions  to  stocft. 


iTo  open  books. 


I  ,  \  4;  .it 

Amount  to  be 
paid  on  sub¬ 
scribing  . 


Notice  to  be 
given  of  meet¬ 
ing . 

Election  of  di¬ 
rectors. 


Who  may  vote. 


Annual  elec¬ 
tion  . 

Meeting  of  di¬ 
rectors. 


President  how 
made. 


rtcres  of  land,  whereon  to  erect  the  necessary  enclosures 
for  carrying  on  the  business  of  the  company. 

Sec.  2.  The  said  company  hereby  incorporated  shall 
have  power  to  erect  a  steam  mill  in  the  county  of  Fulton, 
and  are  hereby  authorized  to  carry  on  the  manufacturing 
of  the  various  kinds  of  grain,  wool,  hemp,  and  other  manu¬ 
factures;  to  export  the  same  and  other  products  of  the  coun¬ 
try,  and  to  use  all  such  powers  and  privileges  as  may  be 
necessary  to  carry  on  the  said  manufactory  according  to 
the  objects  of  this  act  as  herein  expressed. 

Sec.  3.  The  capital  stock  of  said  company  shall  consist 
of  five  thousand  dollars,  with  the  privilege  of  increasing  the 
same  to  twenty  thousand  dollars,  to  be  divided  into  shares  of 
fifty  dollars  each. 

Sec.  4.  For  the  purposes  of  carrying  into  effect  the  ob¬ 
ject  of  this  corporation,  N.  C.  Thompson,  Joel  Solomon,  D. 
W.  Vittuni,  Harvey  Crosthwait,  and  David  Markley,  are 
hereby  appointed  commissioners  to  obtain  subscriptions  to 
the  capital  stock  of  said  company;  and  said  commission¬ 
ers  or  a  majority  of  them  after  giving  geneial  notice  there¬ 
of  in  some  newspaper  printed  in  this  state,  may  open  books 
for  the  subscription  of  said  stock,  at  such  times  and  places 
as  they  may  direct,  and  keep  the  same  open  till  at  least 
one  hundred  shares  have  been  subscribed.  Every  sub¬ 
scriber,  at  the  time  of  subscribing,  shall  pay  tosaid  commis¬ 
sioners  one  dollar  for  each  share  subscribed:  and  when 
such  subscription  is  complete,  as  aforesaid,  or  within  sixty 
days  thereafter,  said  commissioners,  or  a,  majority  of  them, 
shall  call  a  meeting  of  the  stock  holders  at  Centreville,  by 
a  printed  notice  in  some  newspaper  of  general  circula¬ 
tion  in  this  state. 

Sec.  5.  At  said  meeting  the  stockholders  of  said  com¬ 
pany  shall  proceed  to  elect  five  directors,  who  shall  manage, 
direct,  and  govern,  the  affairs  of  said  company  one  year 
from  the  period  of  said  election,  and  until  their  successors 
are  elected  and  qualified;  and  that  at  said  election,  each 
stockholder  shall  be  entitled  to  one  vote  for  each  share  he 
may  hold;  and  a  majority  of  all  the  votes  given  shall  be  re¬ 
quired  to  make  an  election.  , ,  .. 

The  period  of  election  of  directors  as  aforesaid,  shall  be 
annually  on  the  first  Monday  of  the  month  in  which  the  first 
election  shall  be  held. 

Sec.  6.  Immediately  after  the  directors  are  chosen  as 
aforesaid,  they  shall  hold  a  meeting,  at  which  and  at  all  sub¬ 
sequent  meetings  of  said  board,  a  majority  of  the  directors 
shall  constitute  a  quorum.  That  they  shall  proceed  to  the 
election  of  a  president  from  their  own  body,  a  secretary 
who  shall  be  sworn  by  a  justice  of  the  peace  to  the  faithful 
discharge  of  his  duty>  and  who  shall  record  all  votes  of 


INCORPORATIONS. 


31 


the  corporation  in  a  book  by  him  kept  for  that  purpose;  a 
treasurer,  who  shall  give  bond  to  such  amount  and  in  such  Treasurer  to 
manner  as  the  said  president  and  directors  shall  direct;  and  g‘ve  bond- 
the  board  shall  appoint  all  other  officers  and  agents  as  to 
them  shall  seem  necessary. 

Sec.  7.  Said  president  and  directors  shall  have  power  Power  to  rule 
to  make  and  establish  all  such  by-laws,  rules,  and  regula*  by-lawf  ancl 
tions  as  shall  be  necessary,  and  not  inconsistent  with  the  iesuIatl0ns- 
laws  of  this  state  and  the  provisions  of  this  act,  which  may¬ 
be  necessary  for  the  payment  or  collection  of  the  subscrip¬ 
tions  to  its  stock,  and  the  transfer  of  the  same,  and  of  pro¬ 
perty,  or  that  in  any  other  way  may  concern  the  manage¬ 
ment  and  direction  of  the  affairs  of  said  company. 

Sec.  8.  If  it  should  happen  thatany  election  should  not  Election,  if  not 
be  made  the  day  when  by  the  provisions  of  this  act  it  should  hel^]d  v^hen  il 
be  made,  the  corporation  shall  not  for  that  reason  be  dissolv- s  pp  e' 
ed,  but  such  election  may  be  held  on  any  other  day  within 
thirty  days  thereafter,  public  notice  being  given  by  the  di¬ 
rectors  thereof. 

Sec.  9.  This  act  shall  be  deemed  a  public  act  and  shall  Public  act, 
be  construed  favorably  for  the  purposes  therein  expressed, 
and  declared  in  all  courts  and  places  whatever. 

Approved,  21st  July,  1837. 


AN  ACT  to  Incorporate  the  To.vn  of  Caledonia. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  Justus  Post,  E.  B- 
Clemson,  H.  L.  Webb,  R.  A.  Nelson,  and  Thomas  Forker, 
be,  and  they  are  hereby  constituted  a  body  politic  and 
corporate,  to  be  known  by  the  name  of  the  Piesident  and 
Trustees  of  the  town  of  Caledonia;  and  by  that  name  they 
and  their  successors  shall  be  known  in  law,  have  perpetu¬ 
al  succession,  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended,  in  courts  of  law  and  equity; 
and  in  all  actions  and  matters  whatsoever,  may  grant,  pur¬ 
chase,  receive  and  hold  property,  real  and  personal,  with¬ 
in  said  town  and  no  other;  and  may  lease,  sell,  and  dispose 
of  the  same  for  the  benefit  of  the  town,  and  may  have 
power  to  lease  any  of  the  reserved  lands  which  have  been, 
or  may  be,  appropriated  to  the  use  of  said  town,  and  may 
do  all  other  acts  as  natural  persons;  may  have  a  common 
seal,  change  and  alter  the  same  at  pleasure. 

Sec.  2.  That  all  those  tracts  of  land,  to  wit:  South  half 
of  section  23,  sections  26,27,  and  34,  in  township  1 5, 


In  force  21st 
July,  1837. 


Individuals 
constituted  bo¬ 
dy  politic  and 
corporate 


Powers 


May  hold  pro¬ 
perty,  real  and 
personal 

May  lease 
land3 


Boundaries  of 
town 


3  2 


INCORPORATIONS. 


south,  range  one,  east  of  the  third  principal  meridian,  be, 
and  the  same  is  hereby  declared  to  be  within  the  bounda¬ 
ries  of  the  town  of  Caledonia. 

Sec.  3.  The  corporate  powers  and  duties  of  said  town 
Powers  vested  shall  be  vested  in  five  trustees,  after  the  term  of  the  pre- 
m  fke  trustees  sent  incu!nbents  has  expired,  to  wit:  on  the  first  Monday 
of  October,  who  shall  form  a  board  for  the  transaction  of 
business. 

Trustees  to  be  Sec.  4.  The  members  composing  the  board  of  trustees 
elected  annual-  shall  be  elected  annually,  on  the  first  Monday  in  Septem- 
Timeof  her,  sorve  f°r  one  year,  and  till  others  shall  be  legally 
qualified;  they  shall  be  at  least  twenty-one  years  of  age, 
citizens  of  the  United  States,  and  shall  possess  a  freehold 
Qualifications  esja|-e  within  the  limits  of  the  corporation.  Those  per¬ 
sons  only  shall  be  qualified  to  vote  for  trustees,  or  in  such 
town  meetings  as  may  be  held  in  conformity  to  this  act, 
who  possess  the  requisite  qualifications  to  vote  for  state 
officers,  and  have  resided  within  the  limits  of  the  corpora¬ 
tion  six  months  previous  to  such  elections  or  town  meetings. 

Sec.  5.  The  board  of  trustees  shall  appoint  their  presi¬ 
dent  from  their  own  body;  shall  appoint  all  other  officers 
of  their  board,  and  shall  be  the  judges  of  the  qualifications, 
elections  and  returns  of  their  own  members,  and  shall 
have  power  to  fill  all  vacancies  in  the  board  occasioned  by 
death,  resignation  or  six  months’  absence  of  any  member 
thereof.  A  majority  shall  constitute  a  board  to  do  busi¬ 
ness,  but  a  smaller  number  may  adjourn  from  day  to 
day,  may  compel  the  attendance  of  absent  members,  in 
such  manner,  and  under  such  penalties  as  the  board  may 
To  make  rules  provide.  They  may  determine  their  rules  of  proceedings, 
and  regulations  and  make  such  other  rules  and  regulations  for  their  own 
government  as  to  them  may  seem  proper  and  expedient. 

Sec.  6.  The  board  of  trustees  shall  have  power  to 
May  levy  and  jeVy  ancj  collect,  taxes  upon  all  real  estate  within  the  town, 

collect  tclX  •/  t  A  * 

not  exceeding  one  per  cent,  upon  the  assessed  value 
thereof,  except  as  may  be  hereinafter  excepted;  to  make 
Health  of  town  regulations  to  secure  the  general  health  of  the  in- 
Removenui-  habitants;  to  prevent  and  remove  nuisances;  to  restrain 
sances  cattle,  horses,  sheep,  swine,  and  dogs  from  running  at  large ; 

Night  watches  to  establish  night  watches,  erect  lamps  in  the  streets, 
t  and  lighting  of  the  same;  to  erect  and  keep  in  repair, 

merchants  &c  bridges;  to  license  and  tax  merchants;  to  regulate  auc- 
’  tions,  taverns,  groceries,  and  pedlers,  theatrical  and  other 
shows,  billiard  tables,  and  other  amusements;  to  restrain 
and  prohibit  gaming  houses,  bawdy  houses,  and  other  dis¬ 
orderly  houses;  to  prevent  the  shooting  of  fire  arms  within 
the  limits  of  the  corporation;  to  establish  and  erect  mar¬ 
kets;  to  open  and  keep  in  repair  streets  and  avenues,  lanes, 
alleys,  drains,  and  sewers,  to  keep  the  same  free 


Who  to  vote 
for  trustees 

President  how 
appointed 


Power  to  fill 
vacancies 

Quorum 


To  prohibit 
gamiug  &c. 

Markets 


INCORPORATIONS. 


33 


from  incumbrances;  to  establish  and  regulate  a  fire  de- Fire  depart- 

partment;  to  provide  for  the  prevention  and  extinguishing  lnellt 

of  fires;  to  regulate  the  polico  of  the  town;  to  regulate  the  Police 

election  of  town  officers,  to  fix  their  compensations;  to  es-  0fficers 

tablish  and  enforce  quarantine  laws;  and  from  time  to 

.  •  j  rr  j  ji  i*  J  ass  ordmau- 

time  to  pass  such  ordinances  to  carry  into  eilcct  the  oral- ces 

nances  of  this  act,  and  the  powers  hereby  granted,  as  the 
good  of  the  inhabitants  may  require,  and  impose  and  ap¬ 
propriate  fines  and  forfeitures  for  the  breach  of  any  ordi¬ 
nance,  and  to  provide  for  the  collection  thereof;  and  that 
in  cases  arising  under  this  act,  or  growing  out  of  the  by 
laws  and  ordinances  made  in  pursuance  of  this  act  of  in-  Justice  ofpeafde 
corporation,  any  justice  oi  the  peace  within  said  coipoia-  dictioil  J 
tion  shall  have  jurisdiction  to  hear  and  determine  the  same,  Appeal  may  be 
and  an  appeal  may  be  taken,  and  writs  of  certiorari  al- 
lowed  from  any  such  decisions  in  the  same  manner  as  now  rari 
is  or  hereafter  may  be  provided  by  law  for  appealing  from 
judgments  of  justices  of  the  peace 

Sec.  7.  The  board  of  trustees  shall  have  power  to  May  levy  tax 
levy  a  tax  for  the  erection  of  school  houses,  and  the  of 

support  of  common  schools  within  said  corporation,  and  loan  mo_ 
to  raise  money  by  loan  on  the  credit  of  the  town  for  com-ney 
mencing  and  prosecuting  works  of  public  improvements: 

Provided ,  however ,  That  the  same  shall  be  submitted  to  the 
vote  of  the  citizens  of  the  town,  and  approved  by  a  ma¬ 
jority  thereof. 

Sec.  8.  That,  upon  the  application  of  the  owners  of  Special  tax 
two-thirds  of  the  real  estate  upon  any  street,  it  shall  be  ma;y  be  levied 
lawful  for  the  board  of  trustees  to  levy  and  collect  a  spe¬ 
cial  tax  on  the  owners  of  the  lots  on  said  street,  accord¬ 
ing  to  their  respective  fronts,  for  the  purpose  of  grading 
and  paving  the  side  walks  of  said  streets. 

Sec.  9.  That  the  board  of  trustees  shall  have  power  p°^ert0^ade» 
to  regulate,  grade,  pave,  and  improve  the  streets,  ave-  streets 
nues,  lanes,  and  alleys,  within  the  limits  of  said  town, 
and  to  extend,  open,  and  widen  the  same,  and  to  set  aside  May  extend  & 
and  appropriate  sufficient  ground  for  a  square,  for  a  market, 
and  other  public  purposes,  making  the  person  or  persons 
impaired  thereby  adequate  compensation,  to  ascertain 
which  the  board  shall  cause  to  be  summoned  twelve  good!11  vvha-t  cas® 

ii  c  i  r  iii  .  .  ,  a  free  holders  to 

and  lawiul  men,  ireeholders  and  inhabitants  of  said  town,  be  summoned 
not  directly  interested,  who  being  first  duly  sworn  for 
that  purpose,  shall  enquire  into  and  take  into  considera¬ 
tion  as  well  the  benefits  as  the  injury*nvhich  may  accrue, 
and  estimate  and  assess  the  damages  which  would  be  To  estimate  &, 
sustained  by  opening,  widening,  or  extension  of  any  assess  ^amsges 
Street,  avenue,  lane,  or  alley,  or  setting  aside  and  appro- and  benefit 
printing  greund  for  a  market  square,  and  other  public 
purposes,  and  shall,  moreover,  estimate  the  amount  which 

E 


square 


34 


INCORPORATIONS’. 


tax 


Lots  may  be 
sold 


other  persons  will  be  benefited  thereby;  and  shall  eon- 
Estimate  to  betr^ute  towards  compensating  the  persons  injured;  all  of 
returned  to  which  shall  be  returned  to  the  board  of  trustees  under 
trustees  their  hands  and  seals,  and  the  person  or  persons  who  shall 
be  benefited  and  so  assessed,  shall  pay  the  same  in  such 
manner  as  shall  be  provided,  and  the  residue  of  any  shall 
be  paid  out  of  the  town  treasury. 

Maysurvey  &  Sec.  iQ,  That  the  trustees  shall  have  power  to  survey 
record' "same  anc^  P^t  the  grounds  within  the  corporation  limits,  and 
record  the  same,  which,  when  thus  surveyed,  platted,  and 
recorded,  shall  be  a  governing  plat  for  town  uses  and 
Proviso.  purposes:  Provided ,  however ,  That  this  shall  not  be  so  con- 

r^huo beke  t s^rue^  as  to  give  the  trustees  power,  so  to  vary  from  any 
inviolate  P  established  plat  as  thereby  to  affect  the  rights  of  private 
individuals. 

Neglect  or  re-  Sec.  II.  That  whenever  the  owners  of  any  lot  or  piece 
fusai  to  pay  0p  grounc[  included  within  said  incorporation  shall  neglect 
or  refuse  to  pay  the  tax  or  taxes  levied  on  the  same,  when 
they  may  become  due,  it  shall  be  the  duty  of  the  trustees 
to  advertise  the  same  for  non-payment,  either  in  a  news¬ 
paper  printed  in  said  town  or  by  posting  in  three  of  the 
most  public  places  in  said  town  for  the  space  of  sixty  days, 
and  on  further  failure  of  payment  thereof,  to  sell  at  public 
sale  said  lot  or  piece  of  ground  to  pay  said  taxes  and 
defray  the  expenses  of  collection. 

Ordinances  to  Sec.  12.  All  ordinances  shall,  within  ten  days  after 
be  published  their  passage,  be  posted  in  three  of  the  most  public  places 
in  said  town. 

Lots  sold,  how  Sec.  13.  That  when  any  real  estate  in  said  town 
and  when  re-  shall  be  sold  by  the  authority  of  said  corporation  for  the 
deemed  non-payment  of  taxes,  said  lands  may  be  redeemed  in  the 
..  time  that  other  lands  are  redeemed  by  virtue  of  the  laws 
of  this  state,  upon  paying  the  treasurer  of  the  board  dou¬ 
ble  the  amount  of  taxes  for  which  the  same  was  sold,  to¬ 
gether  with  all  the  costs  accruing  on  such  sale;  lands  not 
redeemed  under  such  shall  be  conveyed  by  special  war¬ 
ranty,  under  the  seal  of  said  corporation. 

Officers  of  town  Sec.  14,  The  officers  of  said  town  in  addition  to  the 
trustees,  shall  consist  of  one  clerk,  one  street  commis¬ 
sioner,  one  treasurer,  three  assessors,  one  town  constable 
and  collector,  one  town  surveyor,  and  such  other  officers 
as  the  trustees  of  said  town  may  deem  necessary  for  the 
good  of  said  town. 

MBIM1.4e  Sec.  15.  That  the  president  and  trustees  of  said  town 
r  ire  companies  .  ,  r  i  •  ,  , 

shall,  whenever  they  may  deem  it  necessary,  order  the 
formation  of  fire  engine  companies,  and  hook  and  ladder 
companies:  said  companies  to  contain  such  number 
of  members  as  said  trustees  by  their  ordinances  shall  di¬ 
rect.  The  members  of  said  companies  shall  be  exempt 


INCORPORATIONS. 


35 


from  jury  and  military  duty;  and  whenever  a  member  Members  ex- 
of  either  company  shall  have  served  twelve  years,  he®“pt^®m  mi1’ 
shall  receive  a  discharge  from  the  incorporation,  signed 
by  the  president,  and  shall  from  thereafter  be  exempt 
from  further  jury  and  military  duty,  except  in  cases  of 
invasion. 

Sec.  16.  That  all  lots  of  lands  or  parcels  of  ground  Property  of 
in  said  town,  or  which  have  been  conveyed  by  the  origi-town 
nal  proprietors  thereof,  or  other  persons,  to  the  inhabi¬ 
tants  of  said  town  in  the  aggregate  capacity,  or  to  any 
person  or  persons  in  trust  for  them,  or  for  their  use  and 
benefit,  and  all  funds  raised,  or  to  be  raised  by  the  sale  of 
donation  lots  or  otherwise,  whether  for  rue  erection  of 
school  houses,  academies,  or  places  of  public  worship,  are 
hereby  declared  to  belong  to,  and  to  be  vested  in,  said 
corporation,  and  shall  be  under  the  management  and 
direction  of  the  trustees  aforesaid  and  their  successors, 
and  applied  in  furtherance  of  the  objects  intended  by  the 
the  proprietors  or  donors  thereof;  and  the  said  trustees 
shall  have  power  to  institute  suits  for  the  recovery  of 
every  or  any  such  lots  or  parcels  of  ground,  should  it  be 
necessary,  and  to  perfect  in  them  and  their  successors 
the  title  thereof,  or  to  make  such  other  adjustment  re¬ 
lative  thereto,  as  to  them  shall  seem  expedient  and 
proper. 

Sec.  17.  That  it  shall  be  the  duty  of  the  board  of  trus-  Town  meetings 
tees,  in  such  manner  as  they  may  hereafter  provide,  to 
give  notice  of  all  town  meetings  to  be  held,  whether  for 
the  election  of  trustees  or  any  other  purpose,  arising 
under  the  provisions  of  this  act,  ,by  posting  the  same  in 
three  of  the  most  public  places  in  said  town,  and  stating 
therein  the  object  of  such  meeting:  Provided ,  however ,  Proviso<: 

That  not  less  than  three  days’  notice  of  any  such  meet¬ 
ing  shall  in  any  case  be  given  except  in  cases  of  emer¬ 
gency. 

Sec.  18.  That  the  members  of  the  board  of  trustees,  AI1  officers  t0 
and  every  officer  of  said  corporation,  shall,  before  enter-  a  e°L 
ing  on  the  duties  of  his  office,  take  an  oath  or  affirmation 
before  some  judge  or  justice  of  the  peace  to  support  the 
constitution  of  the  United  States  and  of  this  State,  and 
faithfully  to  discharge  the  duties  of  their  several  offices. 

Sec.  19.  That  the  trustees  may  have  to  divide  said  Wards  of  town 
town  into  such  number  of  wards  as  to  them  shall  seem 
expedient  and  proper:  Provided ,  however ,  That  no  slock, 
belonging  to  citizens  without  the  boundaries  of  said  town? 
shall  be  hurt  by  the  authority  of  said  corporation. 

Approved  2 1st  July,  1837. 


36 


/ 


INCORPORATIONS. 


In  force  21st 
July,  1837. 


Body  politic  & 
corporate  crea¬ 
ted 


Name  &  style 


Powers 


May  have  seal 

All  privileges 
jrecessary 


Commissioners 
authorized  to 
build  railroad 
to  central  rail¬ 
road 


May  join 

Road  may  ba 
laid  out  wide 
enough  for  dou¬ 
ble  or  single 
trackway 


Proviso 


Lands,  &c.  to 
be  paid  for 

Capital  stock 
Shares 

Government 
vested  in  five 
directors 


Quorum 


AN  ACT  to  incorporate  the  Caledonia  Railroad  Company. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  William  L.  D. 
Ewing,  James  L.  Curtis,  Nathaniel  P.  Talhnadge,  Silas 
M.  Stilwell,  Henry  L.  Webb,  Ferris  Forman,  Herman  W. 
Childs,  Benjamin  W.  Brooks,  John  A.  McClernand,  Willis 
Willard,  James  L.  Hodges,  James  Reed,  Michael  Gra¬ 
ver,  and  Winsted  Davie,  and  their  associates,  successors, 
and  assigns,  are  hereby  created  a  body  corporate  and 
politic,  under  the  name  and  s+yle  of  the  Caledonia 
Railroad  Company,  for  the  term  of  fifty  years;  andby  that 
name  may  be  and  are  hereby  made  capable  in  law  and 
equity  to  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended,  in  any  court  or  courts  of  record;  to 
make,  have,  and  use  a  common  seal,  and  the  same  to  re¬ 
new  and  alter  at  pleasure;  and  shall  be  and  are  hereby 
vested  with  all  the  powers,  privileges,  and  immunities 
which  are  or  may  be  necessary  to  carry  into  effect  the 
purposes  and  objects  of  this  act  as  hereinafter  set  forth; 
and  the  said  company  are  hereby  authorized  and  em¬ 
powered  to  locate,  construct,  and  finally  complete 
a  railroad  from  the  town  of  Caledonia,  in  Alexander 
county,  to  the  central  railroad  at  Jonesboro’,  or  some 
point  upon  said  railroad  south  of  Jonesboro’,  upon  the 
most  eligible  and  convenient  route;  and  said  corporation 
is  hereby  authorized  to  join  and  connect  with  the  cen¬ 
tral  railroad,  and  for  this  purpose  the  said  company  are 
authorized  to  lay  out  their  said  road  wide  enough  for 
a  double  or  single  track  through  the  whole  length;  and 
for  the  purpose  of  cutting  embankments,  stone,  and  gravel, 
may  take  as  much  more  land  as  may  be  necessary  for  the 
proper  construction  and  security  of  said  railroad:  Pro¬ 
vided ,  All  damages  that  may  be  occasioned  to  any  person 
or  corporation,  by  taking  such  lands  or  materials  for  the 
purposes  aforesaid,  shall  be  paid  for  by  the  company  in 
the  manner  hereinafter  provided. 

Sec.  2.  The  capital  stock  of  said  company  shall  con¬ 
sist  of  three  hundred  thousand  dollars,  to  be  divided  into 
shares  of  one  hundred  dollars  each.  The  immediate  gov¬ 
ernment  and  direction  of  said  company  shall  be  vested 
in  five  directors,  who  shall  be  chosen  by  the  stockholders 
of  said  company  in  the  manner  hereinafter  provided,  who 
shall  hold  their  offices  for  one  year  after  their  election, 
and  until  others  shall  be  duly  elected  and  qualified  to  take 
their  places  as  directors;  and  the  said  directors,  a  majority 
of  whom  shall  form  a  quorum  for  the  transaction  of  busi¬ 
ness,  shall  elect  one  of  their  numbers  president  of  the 
board,  who  shall  also  be  the  president  of  the  company.  ' 


INCORPORATIONS. 


37 


Sec.  3.  The  said  corporation  is  hereby  authorized  by  power  t0  make 
their  agents,  surveyors,  and  engineers,  to  cause  such  ex-  surveys,  &c. 
aminations  andjsurveys  of  the  ground  and  country  to  be 
made  between  said  points  as  shall  be  necessary  to  deter¬ 
mine  the  most  advantageous  route  for  the  proper  line  or 
course  whereon  to  construct  their  said  railroad;  and  it 
shall  be  lawful  for  the  said  corporation  to  enter  upon,  May  take 
and  take  possession  of,  and  use  all  such  lands  _  and  realiands,  &c.ne- 
estatc  as  may  be  necessary  to  the  construction  and  main-  cessai-y 
tenance  of  their  said  railroad,  and  the  accommodations 
requisite  and  appertaining  to  the  same;  and  may,  also, hold 
all  such  lands  as  they  may  purchase  or  receive  in  any 
manner  for  the  necessary  purposes  of  said  road  :  Provided , 

That  all  lands  or  real  estate  entered  upon,  and  taken  pos¬ 
session  of,  and  used  by  said  corporation  for  the  purposes 
and  accommodations  of  the  said  railroad, or  upon  which  the 
site  for  the  said  railroad  shall  have  been  located  or  deter¬ 
mined  by  the  said  corporation,  shall  be  paid  for  by  the 
said  corporation  in  damages,  if  any  be  sustained  by  the 
owner  or  owners  thereof,  by  the  use  of  the  same,  for  the 
purposes  of  said  railroad,  which  damages  shall  be  ascer¬ 
tained  in  the  same  manner  that  damages  are  ascertained 
in  the  case  of  public  roads  running  through  the  lands  of 
individuals,  some  one  of  the  directors  acting  in  the  stead 
of  the  supervisor  of  the  general  road  law. 

Sec.  4.  If  any  person  shall  wilfully,  maliciously,  or  Fenalff  tor  in- 
wantonly,  and  contrary  to  law,  obstruct  the  passage  ofJ  J 
any  car  on  said  railroad,  or  any  part  thereof,  or  any  thing 
belonging  thereto;  or  shall  damage,  break-,  or  destroy  any 
part  of  said  railroad,  or  implements  or  buildings,  he,  she, 
or  they,  or  any  persons  assisting,  shall  forfeit  and  pay  to 
said  company  for  every  such  offence  treble  the  amount  of 
damages  that  shall  be  proved  before  any  court  competent 
to  try  the  same,  to  be  sued  for  in  the  manner  and  be¬ 
half  of  said  company;  and  such  offender  or  offenders  shall  Offender deem- 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  edgullty  of 
to  an  indictment  in  the  same  manner  as  other  indictments 
are  found  in  any  county  or  counties  where  such  oRence 
shall  have  been  committed;  and  upon  conviction,  such 
offender  or  offenders  shall  be  liable  to  a  fine  not  exceed-  Fllie 
ing  one  thousand  dollars,  for  the  use  of  the  county  where 
such  indictment  may  be  found. 

Sec.  5.  The  time  of  holding  the  annual  meetings  of  Annual  meet- 
the  said  company,  for  the  election  of  directors,  shall  be  fixed  ing 
and  determined  by  the  by-laws  of  said  company,  and  at  all 
meetings  each  stockholder  shall  be  entitled  to  vote,  in  Who  may  vote 
person  or  by  lawful  proxy,  one  vote  for  each  share  he, 
she,  or  they  may  hold  in  said  stock. 

Sec.  6.  Nathaniel  P.  Tallmadge,  James  L.  Curtis,  and 


38 


INCORPORATIONS, 


Commissioners 
to  open  books 
of  subscription 

Notice  to  be  gi¬ 
ven  when  books 
are  to  be 
opened,  in 
newspaper 
printed  at  Van- 
dalia 


Amount  paid 
on  subscribing 


Books  to  be  gi¬ 
ven  to  directors 

Proviso 


Company  may 
borrow  money 


Henry  L.  W ebb,  are  hereby  appointed  commissioners  to 
open  subscription  books  for  the  stock  of  said  company; 
and  said  commissioners  or  a  majority  of  them,  are  hereby 
authorized  to  open  subscription  books  for  said  stock,  at 
such  places  as  they  may  deem  proper,  and  shall  give  at 
least  thirty  days’  notice  of  the  times  and  places  when  and 
where  such  books  will  be  opened,  in  the  state  paper  print¬ 
ed  at  Vandalia,  and  shall  keep  said  books  open  at  least 
five  days,  unless  the  whole  amount  of  capital  stock  shall 
be  subscribed  before  the  expiration  of  the  said  five  days; 
and  they  shall  require  each  subscriber  to  pay  five  dollars 
on  each  share  subscribed,  at  the  time  of  subscribing;  and  at 
the  expiration  of  the  said  five  days,  if  the  whole  of  the  said 
capital  stock  shall  be  subscribed,  the  said  commissioners 
shall  call  a  meeting  of  the  stockholders  by  giving  ten  days’ 
notice  in  a  newspaper  printed  in  Vandalia;  and  at  such 
meeting  it  shall  be  lawful  to  elect  the  directors  of  the  said 
company;  and  when  the  directors  of  said  company  are 
chosen  the  said  commissioners  shall  deliver  said  subscip- 
tion  books,  together  with  all  sums  of  money  received  by 
them  as  such  commissioners,  to  said  directors;  Provided , 
That' no  person  shall  be  a  director  unless  he  shall  own 
at  least  five,  shares  of  the  capital  stock.  Said  company 
is  hereby  athorized  to  borrow  any  sum  of  money  not  ex¬ 
ceeding  their  capital  stock,  and  to  make  all  such  con¬ 
tracts  as  said  corporation  may  deem  necessary  to  carry 
into  effect  the  powers  and  privileges  hereby  granted. 

Sec.  7.  That  the  rights  of  way  and  the  real  estate  pur¬ 
chased  for  the  right  of  way  by  said  company,  whether  by 
mutual  agreement  between  the  said  corporation  and  the 
owner  or  owners  of  said  land  or  real  estate,  or  which 
shall  become  the  property  of  the  said  company  by  opera¬ 
tion  of  law  as  is  in  this  act  provided,  shall,  upon  the  pay¬ 
ment  of  the  amount  belonging  to  the  owner  or  owners  of 
such  lands,  as  a  compensation  for  the  same,  become  the 
property  of  said  corporation,  absolutely  and  in  fee  sim 
pie. 


Sec.  8.  The  legislature  reserves  to  itself  the  right  to 
bySStateSCIVed'  Purc^ase  the  stock  of  said  company  at  any  time,  by  paying 
the  amount  actually  expended  thereon,  with  the  interest  at 
the  rate  of  six  percent,  per  annum;  and  for  the  purpose  of 
ascertaining  the  value  thereof,  the  legislature  may  appoint 
two  or  more  commissioners,  who,  being  duly  sworn,  shall 
proceed  to  ascertain  by  inspection  and  the  oath  of  witnesses, 
the  actual  value  of  the  road,  fixtures,  apparatus,  and  cars 
as  aforesaid.  The  corporation  may  take  and  transport  on 
the  said  railroad  any  person  or  persons,  merchandize,  or 
other  property,  by  the  force  and  power  of  steam,  or  ani¬ 
mals,  or  any  combination  of  them;  and  may  fix  and  es- 


INCORPORATIONS. 


39 


tablish,  take  and  receive  such  rates  of  toll  for  all  passen¬ 
gers  and  property  transported  upon  the  same,  as  the  di¬ 
rectors  shall  from  time  to  time  es.ablish;  and  the  directors 
arc  hereby  authorized  and  empowered  to  make  all  neces¬ 
sary  rules  and  regulations,  by-laws  and  ordinances,  that 
they  may  deem  necessary  and  expedient  to  accomplish 
the  designs  and  purposes,  and  to  carry  into  effect  the 
provisions  of  this  act,  and  for  the  transfer  and  assignment 
of  its  stock,  which  is  hereby  declared  personal  property, 
and  transferable  in  such  manner  as  shall  be  provided  for 
by  the  by-laws  and  ordinances  of  said  corporation. 

Sec.  9.  Said  company  shall  transport  the  United 
States  mail  upon  the  whole  line  of  said  road,  whenever  re¬ 
quired  by  the  Postmaster  General;  Provided ,  That  if  the 
Postmaster  General  and  the  company  shall  be  unable  to 
agree  upon  the  compensation  to  which  said  company  shall 
be  entitled,  the  Postmaster  General  may  choose  one  per¬ 
son  and  said  company  shall  choose  another,  who,  should 
they  be  unable  to  agree  upon  the  compensation  to  which 
said  company  shall  be  entitled,  shall  choose  a  third  person, 
and  the  compensation  fixed  by  them  or  a  majority  of  them, 
shall  be  binding  upon  said  company. 

Sec.  10.  If  the  said  company  shall  not  commence  the 
work  within  two  years  from  the  passage  of  this  act  and 
complete  within  five  years,  then  this  act  shall  thenceforth 
cease  and  be  void. 

Approved  21st  Ju  I  v,  1837. 

mf  / 


Tolls 


Stock  declared 
personal  pro¬ 
perty 

Shall  transport 
U.  States  mail 
when  required 
Proviso 


If  road  not 
made  in  five 
years  charter  to 
be  void 


AN  ACT  to  amend  aAn  act  to  incorporate  the  Chicago  and  Fox  River  In  force  21st 
Turnpike  Road  Company,”  approved  March  1st,  1837.  July,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  TMrteenth  sec- 
repvesented  in  the  General  Assembly ,  That  the  thirteenth  tion  of  act  re¬ 
section  of  the  act,  entitled  “An  act  to  incorporate  the  pealed 
Chicago  and  Fox  River  Turnpike  Road  Company,”  ap¬ 
proved  March  1st,  1837,  be  and  the  same  is  hereby  re¬ 
pealed. 

Approved  2lst  July,  1837. 


40 


INCORPORATIONS. 


In  force  21st 
July,  1837 


AN  ACT  to  increase  the  Capital  Stock  of  certain  Companies. 


C  api  tal  in 
creased 
000 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illi¬ 
nois ,  represented  in  the  General  Assembly ,  That  the  capi¬ 
tal  stock  of  the  Pittsfield  and  Mississippi  Railroad  Com¬ 
pany  is  hereby  increased  the  sum  of  two  hundred  thou¬ 
sand  dollars;  and  the  capital  stock  of  the  Winchester, 
Lynnville,  and  Jacksonville  Railroad  Company,  is  hereby 
increased  two  hundred  thousand  dollars.  The  president 

Powers  of  pre-  ancj  directors  of  said  companies  shall  severally  have  pow- 
si dent  and  di-  .  . .  r  .  ■  .  , x  ,  .  . ,  ,  n  J  r  , 

rectors  er  dispose  or  the  stock  not  subscribed  tor,  upon  such 

terms  as  they  may  deem  for  the  interest  of  the  corny 
panics. 

Approved  21st  July,  1837. 


In  force  21st 
July,  1837 


AN  ACT  to  incorporate  the  Alton  Ferry  Company. 


Vested  with 
rights 


Sec.  1.  Beit  enacted  by  the  people  of  the  State  of  Illinois ^ 
represented  in  the  General  Assembly ,  That  Enos  H.  Harri¬ 
son,  John  Ligerson,  Wallace  Ligerson,  and  Jeremiah  A. 

Body  corporate  Townsend,  and  such  other  persons  as  may  associate  with 
them  for  that  purpose,  be  and  are  hereby  constitu¬ 
ted  a  body  corporate  by  the  name  oi  the  “Alton  Ferry 
Company,”  for  the  purpose  of  transporting, .taking,  and 
carrying  property  and  persons  across  the  Mississippi  river, 
from  the  town  of  Alton  to  the  opposite  shore,  by  the 
power  and  force  of  steam,  of  animals,  or  of  any  mechan¬ 
ical  or  other  power,  or  of  any  combination  of  them  which 
the  said  corporation  may  choose  to  employ;  and  by  that 
name  they  and  their  successors  shall  be  and  hereby  are 
vested  with  all  the  rights  and  privileges  of  ferrying  across 
the  said  river,  and  may  have  succession,  and  shall  be 
persons  in  law  capable  of  contracting  and  being  con¬ 
tracted  with,  sueing  and  being  sued,  pleading  and  being 
impleaded,  in  all  courts  of  law  and  equity,  and  in  all  man¬ 
ner  of  actions;  and  that  they  and  their  successors  may 
have  a  common  seal,  and  may  change  and  alter  the 
same  at  their  pleasure. 

Sec.  2.  The  capital  stock  of  said  company  shall  con¬ 
sist  of  twenty-five  thousand  dollars,  divided  into  two  hun¬ 
dred  and  fifty  shares  of  one  hundred  dollars  each. 

Sec.  3.  That  the  place  of  meeting  for  said  company 
shall  be  at  Alton. 

Sec.  4.  That  for  the  purpose  of  carrying  into  effect 
the  object  of  this  incorporation,  Enos  H.  Harrison,  John 


Capital  stock 
Shares 


Place  of  meet 
ing 


INCORPORATIONS. 


41 


Ligerson,  and  Jeremiah  A.  Townsend,  are  hereby  ap¬ 
pointed  commissioners  to  obtain  subscriptions  to  the  capi¬ 
tal  stock  of  said  company;  and  said  commissioners,  or  a 
majority  of  them,  after  giving  general  notice  thereof  in 
some  paper  printed  in  this  state,  may  open  books  for  the 
subscription  of  said  stock,  at  such  times  and  places  as 
they  may  direct,  and  keep  the  same  open  till  the  said 
capital  stock  is  subscribed.  Every  subscriber  shall  at 
the  time  of  subscribing  pay  to  said  commissioners  the 
sum  of  one  dollar  for  each  share  subscribed.  When  such 
subscription  is  complete,  or  within  sixty  days  thereafter, 
said  commissioners,  or  a  majority  of  them,  shall  call  a 
meeting  of  the  stockholders  at  Alton,  by  a  printed  no¬ 
tice  in  some  newspaper  of  general  circulation  within  this 
state. 

Sec.  5.  That  at  said  meeting  the  stockholders  of  said 
company  shall  proceed  to  elect  five  directors,  who  shall 
manage,  direct,  and  govern  the  affairs  of  said  company 
one  year  from  the  period  of  said  election,  and  until  their 
successors,  who  shall  be  vested  with  the  same  authority, 
are  elected. 

Sec.  6.  And  that  at  said  election  each  stockholder 
shall  be  entitled  to  one  for  each  share  of  stock  he  may 
hold;  and  a  majority  of  all  the  votes  given  shall  be  re¬ 
quired  to  make  an  election. 

Sec.  7.  That  the  period  of  election  shall  be  annually 
the  first  Monday  in  the  month  in  which  the  first  election 
was  held. 


CommissiemerB 
to  obtai  n  sub¬ 
scriptions  to 
stock 

Books  to  be 
opened 


When  subcrip- 
tion  is  com¬ 
plete 


Election  of  di¬ 
rectors 

Term  of  office 


One  vote  for 
each  shave 


Election  to  b« 
annually 


Sec.  8.  That  immediately  after  the  directors  are  cho¬ 
sen  as  above,  they  shall  hold  a  meeting,  at  which,  and  at 
all  subsequent  meetings,  a  majority  shall  constitute  a^u0ium 
a  quorum,  and  that  they  shall  proceed  to  the  election  of 
a  president  from  one  of  their  number. 

Sec.  9.  That  said  president  and  directors  shall  have 
power,  from  time  to  time,  to  make  all  such  by-laws,  not  aiT'by-kwT^6 
inconsistent  with  the  constitution  and  laws  of  this  state, 
which  may  be  necessary  for  the  management  and  di¬ 
rection  of  the  affairs  of  the  said  company. 

Approved  21st  July,  1837. 


AN  ACT  to  incorporate  the  Fairfield  Library  Company.  In  three  2d 

March,  1837 

Sec.  I.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  Thomas  A. 

Wood,  William  Borah,  C.  J.  Ridgway,  Rigdon  B.  Slo* 

F 


42 


INCORPORATIONS. 


Powers 


Body  eonstitu- camb,  Jeffrey  Robinson,  Caleb  Williams,  William  F.  Tur- 
le<f  ncy,  Joseph  Wilson,  Thomas  Linthicum,  Wesley  Staten, 

Nicholas  N.  Smith,  Andrew  J.  Armstrong,  James  Mays, 
Edward  R.  Puckett,  JL.  J.  S.  Turney,  and  their  associates, 
be  and  they  hereby  constituted  a  body  politic  and  corpo- 
^  rate,  to  be  known  by  the  name  [of  the]  Fairfield  Library 
Company;  and  by  that  name  shall  have  perpetual  sue- 
May  have  seal  cession,  and  a  common  seal  which  may  be  altered  at  the 
pleasure  of  the  society. 

Directors  elec-  Sec.  2.  That  the  members  of  the  society  shall  annu- 
ted  ally,  on  the  first  Monday  of  April,  elect  five  directors, 

(who  shall  be  stockholders,)  who  shall  continue  in  office  one 
May  make  by-  year>  an<3  until  their  successors  are  elected,  who  shall  be 
laws  empowered  to  make  such  by-laws,  rules  and  regulations, 

as  they,  or  majority  of  them,  shall  deem  best  calculated 
to  promote  the  welfare  of  the  society. 

Sec.  3.  That  the  directors  shall  appoint  their  own 
chairman  and  secretary  for  the  time  being,  and  hold  their 
meetings  at  such  times  and  places  as  they  may  think  pro¬ 
per;  and  the  directors  shall  be  capable  in  law  and  equity 
of  sueing  and  being  sued,  pleading  and  being  impleaded, 
answering  and  being  answered  unto,  defending  and  being 
defended,  in  any  court  or  courts,  place  or  places  what¬ 
soever. 

Sec,  4.  That  the  directors  and  their  successors  in  of¬ 
fice  shall  be  in  law  capable  of  purchasing,  holding,  and 
conveying  any  personal  or  real  estate  for  the  use  of  said 
corporation,  not  exceeding  their  capital  stock:  Provided , 
J60  Teres  tha°  corporation  shall  not  be  allowed  at  any  one  time  to 
own  more  than  one  hundred  and  sixty  acres  of  land. 

Sec.  5.  That  the  directors  shall  have  power  to  de¬ 
mand  and  receive  all  moneys  that  are  already  due  by  sub¬ 

scription  or  otherwise,  or  that  may  hereafter  become  due 
by  fines,  donations,  or  contributions  of  what  nature  soever, 
which,  when  collected,  they  shall  disburse  in  the  purchase 
of  books,  maps,  or  in  such  manner  as  a  majority  of  them 
may  deem  best  for  the  interest  of  the  society;  all  debts 
already  contracted  by  individuals  for  the  use  and  benefit 
of  the  society,  being  first  paid. 

Duty,  of  direc-  Sec.  6.  That  it  shall  be  the  duty  of  the  directors  am 

tors  nually  to  appoint  a  librarian,  whose  duty  shall  be  pre¬ 

scribed  by  the  by-laws  of  the  society. 

Vacancies  how  Sec.  That  the  directors  shall  have  power  to  fill  such 
filled  ’  vacancies  as  may  happen  in  their  own  body  during  the 
time  being,  and  to  assess  such  moderate  fines  for  any  breach 
of  the  by-laws,  and  for  the  loss  or  destruction  of  any  book 
or  books  belonging  to  the  library,  as  may  be  reasonable 
and  just. 

Sec.  8,  That  the  directors  shall  designate  the  mode  of 


To  hold  estate 


INCORPORATIONS, 


43 


admitting  persons  wishing  to  become  members  of  the  so-  Members,  bow 
ciety.  The  capital  stock  of  said  society  shall  be  two  c^itaT*  stock 
thousand  dollars,  with  the  the  privilege  of  increasing  the  may  be  in¬ 
same  to  live  thousand  dollars.  creased 

Sec.  9.  The  stock  of  the  company  shall  be  divided  Shares 
into  shares  of  twcntv  dollars  each,  which  shall  be  sub- 
scribed  for  and  and  paid  in,  as  the  directors  may,  from 
time  to  time,  direct:  Provided .  That  they  are  not  allowed 
to  call  for  more  than  one-fifth  of  said  capital  stock  per 
annum. 

Sec.  10.  That  books  shall  be  opened  for  the  subscri-  Books  to  be 
bers  of  stock  in  said  institution  at  such  time  and  place  or  °Peuerl 
places  as  the  directors  may  prescribe. 

Sec.  II.  That  no  member  shall  withdraw  his  interest 
from  the  institution,  but  may  transfer  the  same  to  any  per¬ 
son  or  persons  he  may  think  proper,  whom  the  society  may 
admit  as  a  member  or  members:  Provided ,  That  the  trans¬ 
fer  be  made  in  presence  of  the  librarian,  and  entered  on 
the  records  of  the  society. 

Sec.  12.  That  this  act  shall  be  in  force  from  and  after 
its  passage.  v  '  ' 

Approved,  2d  March,  1837. 

[This  bill,  through  inadvertency,  was  left  out  of  the  prin¬ 
ted  incorporation  acts  of  the  session  of  1836  &  ’7.) 


AN  AC  T  to  incorporate  the  Fayette  county  Manual  Labor  Seminary.  Created  a  body 

corporate  and 

Sec.  1.  B a  it  enacted  by  the  people  of  the  State  of  Illinois ^ollUc' 
represented  in  the  General  Assembly ,  That  Harvey  Lee,  Wil¬ 
liam  Walters,  James  Black,  Charles  Prentice,  Asahel  Lee, 

William  Linn,  Moses  Philips,  J.  M.  Morse,  N.  M.  McCur¬ 
dy,  Robert  Blackwell,  and  Francis  B.  Hickman,  be,  and 
they  are  hereby  created  a  body  corporate  and  politic,  by 
the  name  and  style  of  the  “Trustees  of  the  Fayette  county 
Manual  Labor  Seminary,”  and  by  that  style  and  name  to 
have  perpetual  succession.  The  said  seminary  shall  be  lo¬ 
cated  on  some  eligible  situation,  in  the  township  in  which  pov..ers 
the  town  of  Vandalia  is  located. 

Sec.  2.  The  corporate  powders  hereby  given  shall  be 
such  as  are  usually  conferred  on  similar  corporate  bodies, 
to  wit:  to  have  perpetual  succession,  to  make  contracts,  to 
sue  and  be  sued,  to  plead  and  be  impleaded,  to  grant  and 
receive  by  its  corporate  name,  and  to  do  all  such  acts  and 
things  as  a  natural  person  may ;  .acquire,  purchase,  or  sell 
property  real  or  personal,  and  in  all  lawful  ways,  to  use, 


44 


INCORPORATIONS, 


4 


Authority. 


manage  and  dispose  of  the  same;  may  have  a  common  sea!* 
and  may  alter  and  change  the  same,  and  may  make  by-laws 
for  its  regulation,  not  inconsistent  with  the  constitution 
and  laws  of  the  United  States  or  of  the  State  of  Il¬ 
linois. 

Sec.  3.  The  trustees  of  said  seminary  shall  have  authori¬ 
ty,  from  time  to  time,  to  prescribe  the  course  of  studies  to 
be  pursued  in  said  institution ;  the  amount  of  labor  to  be  re¬ 
quired  of  the  students  thereof;  to  fix  the  rate  tuition,  and 
other  academic  expenses;  to  appoint  instructors,  and  such 
other  officers  and  agents  as  they  may  consider  necessary  to 
the  proper  managing  the  concerns  of  said  institution; 
may  define  their  duties,  fix  their  compensation,  and  at  the 
pleasure  of  a  majority  of  the  trustees,  displace  'or  remove 
them. 


Trustees  may 
fill  vacancies. 


To  appoint  a 
treasurer. 


To  be  free  for 
all  denomina¬ 
tions. 


What  lands 
may  be  held. 


Sec.  4.  The  trustees  for  the  time  being,  that  their  suc¬ 
cession  may  be  perpetual,  shall  have  power  to  fill  any  va¬ 
cancy  which  may  occur  in  their  number  from  death,  re¬ 
signation  or  removal,  or  other  cause;  a  majority  of  the 
trustees  for  the  time  being,  shall  be  a  quorum  to  do  busi¬ 
ness,  and  shall  have  power  to  increase  their  number  to  any 
amount  not  exceeding  twelve;  Provided ,  That  two-thirds 
of  the  trustees  for  the  time  being,  shall  concur  in  the  ap¬ 
pointment  of  the  trustees  to  be  added. 

Sec.  5.  It  shall  be  the  duty  of  said  trustees  to  appoint 
one  of  their  number  treasurer  to  the  board,  who  shall  be 
required  to  give  bond,  with  such  surety  as  may  be  deem¬ 
ed  sufficient,  conditioned  for  the  faithful  performance  of  such 
duties  as  may  be  required  of  him  by  the  by-laws. 

Sec.  6.  The  said  institution  shall  be  open  to  all  de¬ 
nominations  of  Christians,  and  the  profession  of  any  particu¬ 
lar  religious  faith  shall  not  be  required  of  those  who  may 
desire  to  become  students  in  said  institution. 

Sec.  7>.  The  lands  and  tenements  to  be  held  in  perpe¬ 
tuity,  by  virtue  of  this  act,  shall  not  exceed  six  hundred  and 
forty  acres;  Provided  however ,  That  if  any  donation,  grant 
or  devises  in  land,  shall  from  time  to  time  be  made  to  said 
corporation,  over  and  above  the  six  hundred  and  forty 
acres  held  in  perpetuity,  as  aforesaid,  the  same  may  be  re¬ 
ceived  and  held  by  said  corporation,  for  the  period  of  five 
years  from  the  date  of  any  such  donation,  grant,  or  devise ; 
at  the  expiration  of  which  time,  if  the  said  lands  be  not 
sold  by  the  said  coporation,  then  the  said  land  so  donated, 
granted,  or  devised,  shall  revert  to  the  original  donor  or 
grantor,  or  to  the  heirs  of  said  devisor  of  the  same. 

Sec.  8.  This  act  shall  be  in  force  from  and  after  its 


passage. 

[This  billhaving  been  laid  before  the  council  of  revision, 
and  ten  daysnot  having  intervened  before  the  adjournment 


INTERNAL  IMPROVEMENTS, 


45 


of  the  General  Assembly,  and  the  said  bill  not  having  been 
returned  with  the  objection*  of  the  council,  on  the  first  day 
of  the  present  special  session  of  the  General  Assembly,  the 
same  has  become  a  law., 

Given  under  my  hand,  the  11th  day  of  July,  A.  D. 
1837. 

A.  P.  FIELD. 

Secretary  of  State . 

(  ~  '  '  M'  1 


AN  ACT  further  supplemental"  to  an  act  to  establish  and  maintain  a  General 

|  System  of  Internal  Improvement. 

Sec.  1.  Be  it  enacted  by  ihe  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  the  commission¬ 
ers  of  public  works  be  and  they  are  hereby  authorized 
and  required,  as  soon  as  practicable,  to  proceed  to  the  sur¬ 
vey,  location  and  construction  of  the  several  routes  of  rail¬ 
road,  and  other  public  improvements,  indicated  by  the  act 
to  which  this  is  a  supplement,  any  thing  in  the  fifteenth  sec¬ 
tion  of  said  act  to  the  contrary  notwithstanding. 

Approved  2lst  July,  1837. 


AN  ACT  concerning  Calvin’s  Slough.  In  force  21st 

July,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  Calvin’s  slough 
represented  in  the  General  Aesembly ,  That  Calvin’s  Slough,  d^|ared  navi" 
in  the  county  of  Greene,  is  hereby  declared  a  navigable  b 
stream  and  public  high  way,  from  its  confluence  with  the 
Illinois  river  to  the  town  of  BlufFdale. 

Sec.  2.  That  the  time  of  holding  elections  for  a  justice  Time  eIecv 
of  the  peace  and  constable  in  each  of  the  towns  of  Green¬ 
field  and  White  Hall,  in  Greene  county,  as  authorized  by 
“an  act  to  incorporate  the  towns  of  Greenfield  and  White 
Hall,  in  Greene  county,”  approved  on  the  fourth  day 
of  March  last,  may  be  fixed  and  ordered  to  take  place  bc  fixc<s 
by  the  county-commissioners  court  tor  said  county,  on  any  missioned, 
day  within  nine  months  from  the  passage  of  this  act;  and 
such  elections  hereby  authorized  to  be  held  shall  be  as  good 
and  valid  as  if  the  same  had  been  held  at  the  times  con¬ 
templated  in  said  act,  and  shall  be  conducted  as  thereinre- 
quired. 

Approved;  2 1st  July,  1837. 


46 


JUSTICES  OF  THE  PEACE. 


In  force  20th  AN  ACT  forming  an  additional  Justices  District  in  the  county  of  Randolph. 

July,  1837. 

Justices  district  Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  all  that  district  of 
country  included  within  the  corporation  Jjmits  of  the  town 
of  Col  unibus,  in  the  county  of  Randolph,  be  and  the  same  is 
hereby  constituted  into  a  district  for  the  election  of  a  jus- 

Election  to  be  ^ce  Peace  an<^  constable. 

held/  Sec.  2.  The  county  commissioners  court  of  the  county  of 

Randolph,  are  hereby  authorized  and  required  to  cause  an 
election  to  be  held  on  or  before  the  first  day  of  October  next, 
oras  soon  thereafteras  practicable,  and  at  each  quadrennial 
election  thereafter,  for  one  justice  of  the  peace  and  one 
constable  in  said  district.  The  officers  elected  shall  hold 
their  offices  until  the  next  general  election  for  justices  of  the 
peace,  at  which  time  their  successors  shall  be  elected  as  in 
other  cases,  and  the  persons  so  elected  shall  have  and  exer¬ 
cise  the  same  jurisdiction,  hold  their  offices  by  the  same 
tenure,  and  be  under  the  same  regulations,  in  all  respects, as 
other  justices  of  the  peace  and  constables  in  this  state. 
Approved,  20th  July,  1837. 


In  force  21st  AN  ACT  to  amend  an  act  to  provide  for  the  Election  of  Probate  Justices  of 
July,  1837.  the  Peace. 

Second  section  Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
of  act  amended,  represented  in  the  General  Assembly,  That  the  second  section 
of  an  act  to  provide  for  the  election  of  probate  justices  of 
the  peace,  approved,  March  4th,  1837,  be  so  amended  as  to 
require  the  election  of  the  said  justices  to  be  held  in  the 
several  counties  at  the  time  and  places  where  the  elections 
for  the  clerks  of  the  county  commissioners  courts  are  held 
under  the  provisions  of  the  aforesaid  act* 

Appoved,  2lst  July,  1837* 


In  lorcd  21st  ACT  lo  amend  an  act,  entitled  An  act  to  amend  an  act  concerning  Justices 
July,  1837.  0 f  the  Peace  and  Constables,  approved  February  13th,  1827,  approved 

January  23rd,  1829. 

Power  of  justice  Sec*  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 

represented  in  the  General  Assembly,  That  in  all  cases  before 
justices  of  the  peace,  where  the  plaintiff  shall  wish  to  prove 


PENITENTIARY. 


4? 


his  or  her  demand,  by  his  or  her  own  oath, [or  the  oath  of’  the 
adverse  party  according  to  the  provisions  of  the  5th  section 
of  the  act  to  which  this  is  an  amendment,  it  shall  be  lawful 
for  the  justice  of  the  peace  before  whom  the  suit  is  com- 
menced,  to  issue  a  summons  as  follows,  to  wit: 

STATE  OF  ILLINOIS,)  « 

r<  ’  >  SGT. 

Lounty.  ^ 

The  people  of  the  State  of  Illinois ,  To  any  Constable  of  said 
county ,  Greeting: 

You  are  hereby  commanded  to  summon  C.  D.  to  appear  Ofsi,mm0MS' 
before  me,  at  my  office  in  in  said  county,  on  the 

day  of  183  ,  at  the  hour  of*  o’clock 

A.  M.,  to  answer  the  complaint  of  A.  B.  for  a  failure  to  pay 
him  a  certain  demand  not  exceeding  one  hundred  dollars, 
and  hereof  make  due  return  as  the  law  directs.  The  said 
defendant  is  hereby  also  notified  that  the  said  plaintiff  says 
that  he  has  no  witness  by  whom  to  prove  his  demand,  ex- 
cept  it  be  by  his  own  oath,  or  the  oath  of  the  said  defend¬ 
ant;  and  unless  the  said  defendant  appear  at  the  trial  of  said 
complaint,  the  plaintiff  will  be  permitted  to  prove  his  de¬ 
mand  by  his  own  oath,  as  by  law  is  directed  in  such  cases. 

Given  under  my  hand  and  seal  at  my  office  in  in 

said  county  this  day  of  A.  D.  183 

E.  F.  J.  P.  [l.  s.] 

And  if  the  defendant  or  defendants  shall  not  appear  at  doe^not  appear 
the  time  of  trial,  after  being  served  with  such  summons  ac-  or  assign  reason 
cording  to  law,  and  no  sufficient  reason  be  assigned  to  the 
justice  why  he  or  she  does  not  appear,  then  the  plaintiff' shall 
be  permitted  to  prove  his  or  her  demand  by  his  or  her  own  Plaintiff  may 
oath,  as  is  now  provided  by  law,  without  giving  any  other  or  pvove' 
further  notice  to  the  defendant  or  defendants. 

Sec.  2.  Nothing  here  contained  shall  be  construed  so 
as  to  prevent  any  plaintiff  or  defendant,  in  any  suit  pend¬ 
ing  before  a  justice  of  the  peace,  from  proceeding  as  is  pro¬ 
vided  in  the  5th  section  of  the  act  to  which  this  is  an  amend¬ 
ment.  This  act  to  take  effect  and  be  in  force  from  and  af¬ 
ter  its  passage. 

Approved,  2 1st  July,  1837. 


AN  ACT  in  relation  to  the  Penitentiary.  /  force  0{S£ 

July ,  18377 

Sec.  1 .  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  Law  repealed. 
represented  in  the  General  Assembly ,  That  the  first  and  se¬ 
cond  sections  of  an  act  passed  February  9th,  1837,  enti- 


48 


PRACTICE. 


tied  “an  act  to  amend  an  ac,t  to  regulate  the  penitentiary,” 
approved  February  1 9th,  1833,  be  and  the  same  are  here¬ 
by  repealed. 

Powers  of  in-  Sec.  That  all  the  power  and  authority  hereby  con- 
epectorsofPen- ferred  on  the  warden  of  the  penitentiary,  is  hereby  vested 
itentiary.  in  t]ie  inspectors  thereof;  who  are  authorized  and  empower¬ 
ed  to  appoint  a  superintendent  of  the  penitentiary,  to  su¬ 
perintend  and  manage  the  affairs  of  the  said  penitentiary, 
or  to  farm  out  the  convicts  to  some  individual  or  individu¬ 
als,  as  they  in  their  judgment  may  think  will  best  advance 
the  interest  of  the  state. 

In  case  of  fail-  SEC.  3,  That  the  inspectors  of  the  penitentiary,  on  a 
expense.  e  my  failure  of  realizing  from  the  labor  of  the  convicts  confined 
in  the  said  penitentiary,  a  sum  sufficient  to  defray  the  ex¬ 
penses  of  a  superintendent,  or  in  case  they  farm  out  the 
convicts  to  some  individual  or  individuals  at  less  than  suf¬ 
ficient  to  defray  the  incidental  expenses,  and  support  the  con¬ 
victs,  they  shall  have  powerto  drawon  the  auditor  of  public 
accounts  for  the  sum  not  exceeding  eight  hundred  dollars. 

Sec.  4.  This  act  shall  take  effect  from  and  after  its  pas¬ 
sage,  and  be  in  force  till  the  close  of  the  next  session  of  the 
General  Assembly. 

Approved,  2lst  July,  1837. 


In  force  2ist,  AN  ACT  in  relation  to  the  county  of  Cass. 

July,  1837. 

Preamble.  Whereas,  at  an  election  held  in  the  county  of  Morgan, 
according  to  the  provisions  of  “an  act  for  the  formation  of 
the  county  of  Cass,”  it  appears  that  a  majority  of  the  voters 
of  said  county,  voted  for  the  creation  of  said  county;  and 
whereas,  at  an  election  for  the  county  seat  of  said  county, 
Beardstown  received  the  highest  number  of  votes  for  the 
county  seat;  and  whereas,  some  doubts  have  been  express¬ 
ed  as  to  the  legality  of  the  proceedings  of  said  elections; 
now,  therefore,  to  remove  all  doubts  on  that  subject: 

County  of  Cass  Sec.  1*  Pe  it  enacted  by  the  people  of  the  State  of  Illinois , 
declared  lawful  represented  in  the  General  Assembly,  That  the  county  of  Cass 
county  of  this  as  designated  and  bounded  in  the  act  for  the  formation  of 
state*  the  county  of  Cass,  approved,  March  3rd,  1837,  be  and  the 

same  is  hereby  declared  to  be  one  of  the  counties  of  this 
state. 

Sec.  2.  The  county  seat  shall  be  located  at  Beards- 
where^located .  ^°wn,  in  said  county;  Provided  however ,  That  the  provis¬ 
ions  of  this  act,  above  referred  to,  shall  be  complied  with 
by  the  citizens,  or  corporation  of  Beardstown,  in  relation  to 


PRACTICE. 


43 


the  raising  the  sum  of  ten  thousand  dollars,  to  defray  the 
expenses  of  erecting  public  buildings  for  said  county. 

Sec.  3.  The  corporation  of  Beardstown  shall  be  allow- 
ed  the  period  of  one,  two,  and  three  years,  tor  the  pay¬ 
ment  of  ten  thousand  dollars  aforesaid,  to  be  calculated 
from  the  passage  of  the  law  aforesaid;  which  sum  shall  be 
paid  in  three  equal  payments.  The  county  commission¬ 
ers  court  of  said  county  shall  make  their  contracts  lor  erect¬ 
ing  the  public  buildings  in  said  county,  so  as  to  make  their 
payments  thereon,  when  said  instalments  aforesaid  shall 
become  due  and  payable. 

Sec.  4.  The  court  house  of  said  county  shall  be  erect- Court  house, 
ed  on  the  plat  of  ground  known  as  the  public  square  in  said  where  erected. 

town  of  Beardstown. 

Sec.  5.  Returns  of  the  elections  for  the  county  officers  Eiectionsve- 
of  said  county,  to  be  elected  on  the  first  Monday  of  Au-  turns, 
gust  next,  shall  be  made  in  Beardstown,  to  O.  M.  Long,  and 
Thomas  Pagjao,  notaries  of  public  in  Beardstown,  whoshall 
open  and  examine  the  poll  books  of  said  election  in  the  1,031  kooks  how 
presence  of  one  or  more  justices  of  the  peace,  in  and  for 
said  county;  and  said  notaries  public,  after  due  inspection 
and  examination  of  said  poll  books,  according  to  the  laws 
of  this  state,  shall  make  out  certificates  of  the  election  of 
those  persons  who  shall  have  received  the  highest  number 
of  votes,  which  certificates  shall  be  such  as  those  required 
to  be  m  adc  by  the  clerks  of  the  county  commissioners'  court, 
and  shall  receive  and  be  entitled  to  the  same  effect  in  law; 
said  notaries  public  in  making  the  examinations  of  the  poll  nota 

books  aforesaid,  and  in  making  out  the  certificates  of  said  u  p 
election,  shall  pursue  the  same  course  directed  to  be  pur¬ 
sued  by  the  clerks  of  the  county  commissioners'’  court;  and 
in  case  of  the  death  or  refusal  to  act,  of  cither  of  said  nota¬ 
ries  public,  the  other  shall  proceed  to  act  as  though  both 
were  present,  and  shall  make  out  all  necessary  cerlificates.  .  f  . 

Sec.  6.  The  judge  of  the  1st  judicial  circuit,  is  hereby  CuitSto° appoint 
directed  to  appoint  a  clerk  of  the  circuit  court  for  said  clerk, 
county,  immediately. 

Sec.  7.  The  county  school  fund  of  Morgan  county  shall  Duty  of  school 
be  divided  between  the  counties  of  Morgan  and  Cuss,  in' 
the  following  manner:  The  school  commissioners  of  said 
counties  shall  ascertainthe  number  of  votes  polled  in  the 
county  of  Morgan,  in  August,  1836,  the  num  ber  of  votes 
which  may  be  polled  in  the  county  of  Cass,  in  August 
next,  and  deduct  the  votes  given  in  Cass  from  the  number 
given  in  Morgan,  at  the  time  aforesaid,  and  divide  the  said 
fund  between  the  two  counties  in  proportion  to  the  number 
of  votes  given  in  the  said  counties;  the  proportion  due  to 
the  county  of  Cass,  shall  be  paid  over  in  money  or  notes, 
to  the  school  commissioners  of  said  county,  and  the  same 

G 


commissioners 


50 


PRACTICE, 


I)iitiee  of  trea* 
surer  of  Cass 
and  Bureau 
counties 


rule  shall  be  applied  and  observed  in  the  division  of  inter¬ 
est  upon  the  school,  college  and  seminary  fund,  until  after 
taking  the  next-census.  At  the  election  for  county  offi¬ 
cers  in  said  county,  in  August  next,  poll  books  shall  be 
opened  and  votes  received,  at  the  several  precincts  situa¬ 
ted  in  said  county,  heretofore  established  as  election  pre¬ 
cincts  in  the  county  of  Morgan;  and  the  persons  appoint¬ 
ed  judges  of  election  at  said  precincts,  shall  act  as  judges 
of  said  election;  and  the  said  election  shall  be  conducted 
and  returns  thereof  made  to  the  notaries  public  herein 
named,  at  the  time  and  in  the  manner  provided  for  in  other 
elections;  and  in  ease  any  judge  of  election  shall  fail  to  at¬ 
tend,  or. refuse  to  act,  the  place  shall  be  supplied  as*  requi¬ 
red  in  other  elections.  All  crimes  and  misdemeanors 
committed  within  the  bounds  of  Cass  county,  subsequent 
to  the  day  on  which  the  certificate  of  the  result  of  the  elec¬ 
tions  held  for  the  creation  of  said  countv  wras  admitted  to 
record,  by  the  county  commissioners  of  Morgan  county, 
shall  be  deemed  and  considered  as  having  been  committed 
within  the  county  of  Cass;  and  the  courts  and  justices  of 
the  peace  of  Cass  county  shall  have  jurisdiction  to  hear 
and  determine  all  prosecutions,  indictments,  and  proceed¬ 
ings,  hi  relation  to  the  service.  The  county  treasurers 
'of  Cass  and  Bureau,  shall,  upon  their  election,  proceed  to 
list  the  taxabld  property  in  their  respective  counties,  sub¬ 
ject  to  taxation  for  the  present  year;  and  to  this  end,  the 
treasurer  of  Cass  county  shall  be  permitted  to  copy  from* 
the  record  book  of  Morgan  county  the  list  and  descrip¬ 
tion  of  all  lands,  subject  to  taxation  in  said  county  of  Cass; 
and  the  treasurer  of  Bureau  county  shall  be  permitted  to 
make  a  like  copy  from  the  books  of  Putnam  county.  The 
list  of  taxable  property  shall  be  returned  by  the  said 
treasurers,  respectively,  on  or  before  the  first  Monday  in 
October;  and  the  sheriffs  of  said  counties  shall  proceed  to 
collect  the  taxes  due  upon  said  list,  as  early  as  practica¬ 
ble.  % 

Sne.  [8.]  The.  county  school  fund  of  Putnam  county, 
shall  be  divided  between  the  counties  of  Putnam  and  Bu¬ 
reau,*  in  the  following  manner  and  terms:  The  school' 
commissioners  of  two  counties,  shall  ascertain  the  num¬ 
ber  of  votes  which  may  be  given  in  said  counties  on  the 
first  Monday  in  August  next,  and  divide  the  fund  between 
the  counties,  in  proportion  to  the  number  of  votes  given; 
and  the  interest  upon  the  school,  college,  and  seminary 
funds,  shall  hereafter  be  divided  between  the  counties  up¬ 
on  the  terms  aforesaid,  until  the  next  census  shall  be  ta¬ 
ken. 

Approved,  21st  Julv  1837.  : 


PROCESS. 


51 


AN  ACT  to  legalize  Processes  in  the  Circuit  Courts  of  this  State. 

Sec.  1.  Be  it  enacted  by  the  people  vf  the  State  of  Illinois , 
represented  lathe  General  Assembly ,  That  all  writs  and  pro¬ 
cesses,  of  whatever  kind  or  description,  issued  by  any  of 
the  clerks  of  the  circuit  courts  of  this  state,  prior  to  the 
passage  of  this  act,  and  bearing  teste  in  the  name  of  the 
presiding  judge,  shall  be  and  the  same  are  hereby  declared 
to  be  good  and  valid  in  law,  in  respect  to  such  teste;  and 
no  writs  or  processes  shall  be  quashed,  set  aside,  or  held  to 
be  null  and  void,  for  any  such  cause. 

This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved,  20th  July,  1837. 


Ill  force,  20th 
July,  1837. 


AN  ACT  to  amend  an  Act  concerning  Piocess,  Approved  February  25,  In  force  July 

1837,  and  for  other  purposes.  21st,  1837. 

Sec.  1 .  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  all  process,  of  Process  issued 
whatever  kind  or  description,  issued  by  any  of  the  clerks  fcy  cl®lks 

r  ■  ..  ~r,  .  7  . J  i  -dared  good,- 

ol  the  circuit  courts  of  this  state,  since  the  first  day  oi 
May  last,  when  the  above  recited  pact  took  effect,  and 
bearing  teste  in  the  name  of  the  judge  of  said  circuit,  be 
and  the  same  is  hereby  declared  to  be  good  and  valid  in  law, 
in  respect  to  such  teste,  in  the  same  manner  as  though 
said  writs  had  [borne]  teste  in  the  name  of  the  clerks;  and  gha]1  fag 
no  such  process  shall  be  quashed  or  set  aside,  or  held  to  be  quashed, 
null  and  void  for  any  such  cause. 

Sec.  2.  The  public  printer  shall  immediately  insert  in  Duty  of  public 
his  paper,  and  forward  one  copy  of  the  above  act,  to  each  Print,er* 
oi  the  clerks  offices  in  this  state,  to  be  filed  by  said  clerk 
in  his  office. 

Sec.  3.  That  when  the  guardian  of  the  infant  heirs  of  Guardian  of 
Alexander  McAllister,  deceased,  shall  have  filed  with  the  |!ens 
probate  court  of  the  county  ot  Schuyler,  a  bond  with  good  bond, 
and  sufficient  securities,  to  be  approved  of  by  said  court, 
in  such  sum  as  may  be  deemed  sufficient  by  said  court,  con¬ 
ditioned  for  the  faithful  discharge  of  the  duties  enjoined 
by  this  act,  said  guardian  shall  be,  and  hereby  is  empow¬ 
ered  to  sell  and  convey  by  sufficient  deeds,  all  or  such  power  to  sell 
number  of  the  lots,  belonging  to  the  said  Alexander  Me- iota  of  land. 
Allister,  deceased,  lying  in  and  adjacent  to  the  town  of 
Rushville,  in  the  county  of  Schuyler,  as  the  court  afore¬ 
said  may  deem  most  advantageous  for  the  said  heirs.  .* 

Sec.  4,  The  aforesaid  probate  court,  may  order  said 


53 


RELIEF, 


lots  to  be  sold  for  cash  or  on  a  credit  not  to  exceed  ten 
years,  at  public  or  at  private  sale,  as  to  said  court  may 
seem  best  calculated  to  secure  the  interests  of  the  heirs 
of  said  Alexander  McAllister,  deceased. 

This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved,  21st  July  1837, 


In  force  21  et  AN  ACT  to  change  the  names  of  Thomas  Jefferson  Sanders  and  Francis 
July,  1837.  Hood. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
Name  of  San  -represented  in  the  General  Assembly,  That  Thomas  Jefferson 
ders  changed.  Sanders,  of  Perry  county,  in  this  state,  shall  hereafter  be 
called  and  known  by  the  name  of  Thomas  Jefferson  Mc¬ 
Dowell;  and  [in]  the  said  latter  name  shall  be  capable  of 
sueingand  being  sued,  pleading  and  being  impleaded,  de¬ 
fending  and  being  defended  in  all  courts  of  law  and  equi¬ 
ty;  and  by  the  said  name  of  Thomas  Jefferson  McDowell, 
shall  be  capable  of  making  contracts,  and  of  doing  all 
other  legal  acts  of  whatever  kind  or  description:  Provided , 
That  nothing  herein  contained  shall  invalidate  any  con¬ 
tracts  heretofore  made,  or  legal  acts  done  and  performed 
by  the  said  Thomas  Jefferson  Sanders,  known  as  Thomas 
Jefferson  McDowell,  whether  such  contract  or  act  may 
have  been  made  and  performed  in  the  name  of  Sanders  or 
McDowell,  but  the  same  are  hereby  legalized. 

Sec.  2.  Be  it  farther  enacted ,  That  Francis  Hood,  of 
TJame  of  Hood  Perry  county,  of  this  state,  shall  hereafter  be  called  and 
changed.  known  by  the  name  of  Francis  Thornsbury,  and  by  the 
last  mentioned  name,  shall  be  capable  of  suing  and  being 
sued,  defend  and  being  defended,  in  all  courts  and  places, 
as  fully  and  in  the  same  manner  as  other  individuals  can 
by  their  own  proper  names;  and  shall  be  capable  of  con¬ 
tracting  and  being  contracted  with,  and  of  doing  and  per¬ 
forming  all  other  legal  acts  and  business  of  whatever  kind: 
Proviso.  Provided ,  That  nothing  herein  contained  shall  affect  or  in¬ 
validate  any  contract,  or  other  legal  act,  heretofore  enter¬ 
ed  into  or  performed. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  2 1st  July,  1837. 

'  *  * 


AN  ACT  for  the  relief  of  Nathaniel  Pope  and  others. 


In  force  2lst 
July,  1837 


Whereas,  from  the  number  of  persons,  some  known,  p  ea  bl 
others  unknown,  some  residents,  and  others  non-residents  of 
this  state,  and  from  the  uncertainty  who  are  interested, 
arising  from  the  non-recording,  in  many  instances,  as  it  is 
believed,  of  the  deeds  under  which  some  interested  claim, 
a  partition  of  the  following  described  property,  situate  in 
Madison  county,  to  wit: 

About  eighty  acres  of  land  in  the  town  of  Alton,  owned  by 
Nathaniel  Pope,  John  Reynolds,  heirs  of  William  B. 
Whiteside,  heir  of  N.  Edwards,  and  others,  lying  and  being 
bounded  as  follows,  to  wit:  Southerly  on  the  Mississippi 
river  and  North  street,  northerly  by  the  north  line  of  said 
town,  and  westerly  on  Market  street  and  Henry  street, 
easterly  by  part  section  twelve  and  thirteen,  in  town 
five,  north,  range  ten  yvest,  of  the  third  principal  meridian; 
the  said  tract  of  land  in  front  of  section  eleven,  same 
township  and  range;  also,  certain  lots  owned  by  some  of 
the  beforementioned  proprietors,  lying  upon  Mechanics’ 
square  in  said  town,  as  the  same  was  laid  out  in  fractional 
section  eleven,  as  laid  out  by  Rufus  Easton,  which  said 
land  and  lots  are  in  common  and  undivided  among  the 
aforesaid  proprietors,  is  extremely  difficult,  if  not  imprac¬ 
ticable,  under  the  laws  now  in  force,  regulating  paitition 
of  real  estate,  Therefore, 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  it  shall  and  may  Persons inte- 
be  lawful,  to  and  for  one  or  more  of  those  interested,  jointly,  rested  in  lands 
or  as  tenants  in  common  of  said  parcels  of  land,  to  peti-  may  petition 

..  ,,  .  ..  ,  c  j  r  n/r  j-  r  court  lor  sale  of 

tion  the  circuit  court  of  the  county  of  Madison  as  afore- janf^ 
said,  for,  on  behalf  of  themselves  and  all  others  interested, 
jointly  or  as  tenants  in  common  with  them  generally  without 
naming  them,  representing  the  difficulty  and  impractica¬ 
bility  of  a  division  of  said  parcels  of  land,  and  praying  for 
a  sale  of  the  same;  Provided ,  however ,  That  a  notice  shall 
be  given  of  the  contemplated  petition,  by  publication,  for 
the  space  of  eight  weeks,  in  some  newspaper  printed  in 
the  county  of  Madison  aforesaid,  which  notice  shall  de¬ 
scribe  the  land  sought  to  be  sold,  and  shall  call  on  all 
those  interested  aforesaid,  to  appear  at  the  presentation  of 
said  petition,  and  show  cause,,  if  any  they  have,  why  a  sale 
should  not  be  had. 

Sec.  2.  If  no  good  sufficient  cause  be  shewn,  the  court, 
on  due  proof  of  the  publication  of  the  notice  as  aforesaid, 
and  it  appearing  that  a  partition  of  said  lands  is  extremely 
difficult,  if  not  impracticable  for  the  causes  aforesaid,* 
shall  order  a  sale  of  said  lands,  and  shall  appoint  three  dis¬ 
interested  householders  resident  in  said  county  of  Madison, 


54 


RELIEF. 


Who  may  sell 

Terms  of  sale 
and  payment 


Four  weeks’ 


phall  report  to 
fzcurt  at  next 
pieeting 


to  make  sale  of  (the)  same,  who,  or  a  majority  of  them  are 
hereby  authorized  to  sell  the  same. 

Sec.  3  The  terms  of  said  sale  shall  be:  One  fourth  of 
the  purchase  money  cash,  one  fourth  in  six  months,  and 
the  residue  in  twelve  months,  from  the  day  of  sale,  the  pur¬ 
chasers  giving  notes  with  approved  endorsers  for  the  pay¬ 
ment  of  the  instalments  payable  in  future.  The  sale  shall 
be  had  on  the  premises,  and  before  the  term  of  court  next 
succeeding  the  order  of  sale,  notice  shall  be  given  by  the 
commissioners,  by  advertisement  published  for  four  weeks 
notice  to  be  gi-  a  newspaper  printed  in  the  county  of  Madison  as  afore¬ 
said,  of  the  time,  terms,  and  place  oi  sale. 

Sec.  4.  It  shall  be  the  duty  of  said  commissioners  to 
subdivide  the  eighty  acre  tract  of  land,  laying  out  the  same 
into  streets  and  lots,  corresponding  as  near  as  may  be 
^belaid'out16  with  the  plan  of  Alton,  as  now  recorded  in  the  recorders 
office  of  the  county  of  Madison  aforesaid,  agreeably  to 
which  subdivision  the  sale  shall  be  made  of  the  lots  so  laid 
out;  and  the  streets  shall  be,  and  forever  remain  free  pub¬ 
lic  ®nd  common  highways  and  streets. 

Sec.  5.  The  commissioners  shall  report  their  proceed¬ 
ings  to  the  said  circuit  court,  at  the  term  thereof  next  sue- 
seeding  said  sale,  with  the  names  of  the  purchasers,  the 
*  sums  bid  by  them,  and  all  other  particulars  of  sale,  which 

if  approved  by  said  court  shall  be  valid  and  effectual;  and  it 
shall  be  the  duty  of  the  said  commissioners  or  a  majority 
of  them,  on  full  payment  being  made  of  the  purchase  mo¬ 
ney,  to  execute  to  the  purchasers  respectively,  or  their  as- 
To  make  deeds  signs,  a  deed  or  deeds  for  the  lots  purchased  by  them  re¬ 
spectively,  which  deeds  so  executed  shall  be  valid  and  ef¬ 
fectual,  to  pass  to  the  purchasers  respectively,  or  their 
assigns,  an  estate  in  fee  simple  to  the  premises  purchased, 
discharged  of  all  claim  or  title,  which  all  or  any  person 
may  have  or  have  had  in  and  to  the  same,  and  who  is  or 
was,  jointly,  or  as  tenant  in  common,  interested  petitioners 
aforesaid. 

Sec.  6.  That  a  plat  of  said  subdivision  of  the  aforesaid 
tract  of  land,  certified  by  the  commissioners  aforesaid,  or 
a  majority  of  them,  shall  be  recorded  in  the  office  of  re¬ 
corder  of  the  county  of  Madison  aforesaid,  and  a  copy  of 
the  record  of  same,  after  having  been  filed  by  the  keeper  of 
the  rrcords,  shall  be  received  in  all  courts  as  full  evidence  of 
the  subdivision  aforesaid,  and  have  the  same  effect  as  the 
original. 

Sec.  7.  That  the  money  received  by  the  commissioners 
pald^to  "state  aforesaid,  after  deducting  all  expenses,  shall  be  paid  into 
the  treasury  of  the  state,  there  to  remain  until  paid  out  as 
hereinafter  provided. 

Sec.  8.  That  any  person,  or  the  representative  of  any 


Plat  to  be  re¬ 
corded 


Money  to  be 


treasurer. 


RELIEF. 


5'5 


poison,  can  serve  as  joint  tenant  or  as  tenant  iff  common, 
as  aforesaid,  in  said  property,  may  file  his  petition  in  the  cir¬ 
cuit  court  of  the  county  of  Madison,  aforesaid,  showing 
his  interest  in  said  property;  having  previously  given  a  no¬ 
tice  by  publication  for  four  weeks  in  some  newspaper  print¬ 
ed  in  said  county,  after  intention  so  to  do,  which  notice  shall 
specify  the  interest  claimed  by  him,  there  divided,  and  on 
said  court  being  satisfied  of  bis  interest  whatever  it  may 
legally  appear  to  be,  the  court  shall  order- a  certificate  un¬ 
der  seal  of  court  to  issue  in  favor  of  the  petitioner,  which  cer¬ 
tificate  shall  order  what  proportion  of  the  purchase  money 
aforesaid  is  due  to  the  petitioners;  and  the  said  certificate 
shall  entitle  the  person  so  found  to  be  interested,  or  his  as¬ 
signs  to  the  proportion  of  the  money  aforesaid  expressed 
in  the  same,  and  shall  be  paid  accordingly  by  the  treasur¬ 
er  of  the  state,  out  of  the  moneys  so  paid  in  by  the  commis¬ 
sioners  aforesaid. 

Sec.  9.  If  any  of  the  commissioners  aforesaid  shall  die, in  ca*80fd.eath 
resign,  or  refuse  to  act,  before  the  completion  of  the  duties  01  ieagimt1011' 
required  of  them  by  this  act,  it  shall  be  the  duty  of  said 
court  in  the  term  of  the  judge  of  same  in  vacation,  on  such 
death,  resignation,  or  refusal  being  made  apparent,  to  ap¬ 
point  other  householder  resident  of  said  county,  to  supply 
such  vacancy,  who  shall  act  in  the  premises,  and  so  on,  as 
often  as  any  vacancy  occur,  as  aforesaid. 

Sec.  JO.  The  commissioners  hereby  appointed  shall  Co,™niJ“°Jers' 
each  give  bond  with  security,  to  be  approved  of  the  by  said  °s’ 
court  orthe  judge  in  vacation,  before  entering  on  the  duties 
of  commissioner,  for  the  faithful  performance  of  the  duties 
required  of  him  by  this  act,  and  shall  receive  for  their  ser¬ 
vices  each,  the  sum  of  three  dollars  per  day  for  every  day 
they  shall  be  necessarily  employed  in  the  duties  aforesaid, 
and  shall  he  entitled  to  retain  out  of  the  moneys  received* 
by  them  their  compensation,  and  to  pay  out  of  the  same  all 
other  necessary  expenses  attending  the  execution  of  the- 
duties  hereby  enjoined,  the  compensation  and  expenses  be¬ 
ing  first  allowed  by  the  court  aforesaid. 

Sec.  11.  That  in  all  cases  where  any  person  interested  interested6^!? 
as  aforesaid,  shall  become  the  purchaser  of  any  part  of  said  become  pur- 
land,  the  certificate  issued  in  favorofsuch  person  snail  be  chasers* 
received  by  the  commissioners  aforesaid.as  so  much  money;  Cei'tlfic.ates  to 
and  the  certificate,  with  the  receipt  of  the  person  entitled  treasurer  as 
endorsed,  shall  be  received  by  the  treasurer  of  the  state  as. money, 
money  to  the  amount  of  the  receipt  endorsed. 

This  act  to  take  effect  from  and  after  its  passage. 

Aftrovep,  k3lst  July,  1837.  . 


&6 


RELIEF. 


In  force,  31st  AN  ACT  for  the  relief  of  Samuel  A.  Smallwood. 

July,  1837.  -  \  y  ; 

Sec.  1 .  Be  it  enacted,  by  the  people  of  the  State  of  Illinois , 
Duty  of  count y  represented  in  the  General  Assembly ,  That  the  county  com- 
commissioners  missioners  of  Macon  county,  be,  and  they  are  hereby 
toappointcom-  authorized  to  appoint  at  least  three  disinterested  freehold- 
vaTue0 l'and !°  ers  °f  county,  remotely  situated  from  the  land  herein 
required  to  be  valued,  who,  after  being  duly  sworn  before 
some  justice  of  the  peace  of  said  county,  faithfully  and 
honestly  to  do  and  perform  the  duties  required  of  them  by 
this  act,  shall,  after  having  examined  the  same,  proceed  to 
value,  without  regard  to  the  improvements,  the  southeast 
quarter  of  Section  No.  5,  Township  No.  19,  north,  Range 
3,  east,  of  the  third  principal  meridian,  being  the  same 
whereon  Samuel  A.  Smallwood  resides,  which  shall  be 
Make  return  to  signed  by  said  commissioners  and  forwarded  to  the  Auditor 
auditor  to  be  of  State,  to  be  filed  and  kept  in  his  office. 
njecK  Sec.  2.  Alter  said  valuation,  so  made  and  reported,  it 

shall  be  competent  for  the  said  Samuel  A.  Smallwood,  at 
any  time  between  the  advertisement  of  said  land  for  sale, 
to  pay  into  the  Treasury  of  State,  in  gold  or  silver,  the  full 
amount  of  the  valuation  of  said  tract  of  land,  as  made  by  the 
Expenses,  how  commissioners  aforesaid.  Provided ,  That  said  valuation  be 
not  less  than  $1.25  per  acre;  and,  Provided  further ,  That 
all  expenses  of  the  valuation  of  said  tract  of  land  shall  be 
paid  by  the  said  Samuel  A.  Smallwood. 

Approved,  2 1st  July,  1837. 


In  force  1 1th 

July,  1837.  AN  ACT  for  the  relief  of  Samuel  G.  Beckley,  Administrator  of  the  Estate' 

of  Isaac  Cock,  deceased. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
&  of  d  rePresented  in  General  Assembly,  That  Samuel  G.  Beck- 
nriuistrato^  "to  leD  administrator  on  the  estate  of  Isaac  Cook,  deceased, 
tjuakedeed.  ol  Champaign  county,  be,  and  he  is  herebv  authorized  and 
empowered  to  make  arid  execute  a  deed  "to  the  south  half 
of  the  west  halt  of  the  southwest  quarter  of -section  five, 
township  nineteen  north,  of  range  nine  east,  to  Bijamin 
Byers,  as  bought  of  the  said  Beckley,  administrator  afore¬ 
said,  on  the  17th  day  of  December,  1835. 

Sec.  2.  And  be  it  further  enacted ,  That  the  aforesaid 
deed,  made  and  executed  in  manner  and  form  aforesaid, 
shall  be  taken  and  considered  as  if  made,  executed,  and 
delivered  on  the  17th  day  of  December,  1836,  and  shall 
fee  so  considered  and  regarded  both  in  law  and  equity.- 


RELIEF. 


it 


[This  bill  haying  been  laid  before  the  council  of  revision, 
and  ten  days  not  having  intervened  before  the  adjourn¬ 
ment  of  the  General  Assembly,  and  the  said  bill  not  hav¬ 
ing  been  returned  with  the  objections  of  the  council  on 
the  first  day  of  the  present  special  session  of  the  General 
Assembly,  the  same  has  become  a  law. 

Given  under  my  hand,  the  1 1th  day  of  July,  1837. 

A.  P.  FIELD,  Secretary  of  State. 


AN  ACT  for  the  benefit  of  the  infant  heirs  of  Wm .  B.  Collins,  deceased.  In  force  21st 

July,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  Elizabeth  W. 

Collins,  guardian  of  Adeline  Collins,  Maria  C.  Collins, 

William  H.  Collins,  and  Elizabeth  A.  Collins,  infant  heirs 
of  Will  iam  B.  Collins,  deceased,  on  filing  with  thejudge  of 
probate  of  Madison  county,  a  bond  with  good  and  sufficient 
securities,  to  be  approved  by  said  judge,  conditioned  for 
the  true  and  faithful  discharge  of  the  duties  enjoined  by 
this  act;  and  that  as  guardian  of  said  infant  heirs,  she  will 
well  and  truly  pay  over  to  the  judge  of  probate  of  said 
county,  all  the  proceeds  arising  from  the  sale  of  larrds 
herein  authorized,  shall  be  and  is  hereby  empowered  to 
sell  and  convey,  by  good  and  sufficient  deed  or  deeds,  the 
following  described  lands,  to  wit:  Two  acres  of  land  with 
an  ox-mill  thereon,  bounded  as  follows:  beginning  at  the 
northeast  corner  of  Elizabeth  Collins’  land,  on  the  high¬ 
way,  and  runniiigwyffh  said  highway  east  sixteen  rods; 
thence  south  twenty  rods,  at  right  angles  to  the  first  line; 
thence  west  sixteen  rods,  parallel  with  said  sixteen  rods  on 
said  highway;  thence  north  parallel  with  said  east  line 
twenty  rods,  to  the  place  of  beginning.  Also,  fifty  acres  in 
Collinsville,  including  the  mansion  house,  lying  north  of  the 
aforesaid  highway,  running  through  the  village  of  Collins¬ 
ville;  and  to  include  fifty  acres,  running  back  to  the  land 
of  Horace  Look,  either  at  private  or  public  sale,  on  giving 
due  notice  according  to  law;  and  upon  such  terms  and 
credits  as  she  may  deem  most  conducive  to  the  interest  of 
her  said  wards. 

Sec.  2.  That  so  soon  as  the  said  Elizabeth  W.  Collins 
shall  have  made  sale  o t  the  real  estate,  described  in  the 
first  section  of  this  act,  under  the  provisions  therein  con¬ 
tained,  and  after  having  paid  over  to  thejudge  of  probate 
of  said  county,  the  full  amount  of  the  proceeds  of  such 
sale,  she  shall  report  her  proceedings  in  the  premises  to 


58 


REVENUE. 


In  force  July 
3,  1837. 


Lands  lying  in 
any  county,  not 
returned  to  any 
clerk  by  Audi¬ 
tor,  or  listed  by 
any  person, 
shall  be  listed 
by  clerk  of  said 
‘county. 


Sold  for  taxes. 


said  judge  of  probate;  and  it  shall  be  the  duty  of  said  judge, 
after  the  reception  of  said  report,  and  the  receiving  of  all 
the  moneys  derived  from  said  sale,  if  he  shall  be  satisfied 
that  such  sale  was  made  without  frauds  or  collision,  to  set 
off  to  said  Elizabeth,  and  pay  over  to  her  in  notes  or  mon¬ 
ey,  so  much  as  in  his  discretion  is  the  true  notice  of  her 
claim  of  dower,  (if  any  she  have)  in  said  estate,  and  take  her 
receipt  therefor;  and  it  shall  further  be  the  duty  of  said 
judge,  together  with  the  said  Elizabeth,  to  vest  the  pro¬ 
ceeds  of  said  sale,  either  in  real  estate,  or  loan  the  same 
on  unincumbered  real  estate,  at  not  exceeding  one  half  its 
appraised  value,  as  in  their  opinion  will  best  advance  the 
interest  of  said  infant  heirs. 

[This  bill  having^been  laid  before  the  council  of  revision, 
and  ten  days  not  having  intervened  before  the  adjourn¬ 
ment  of  the  General  Assembly,  and  the  said  bill  not  hav¬ 
ing  been  ieturned  with  the  objections  of  the  council,  on 
the  first  day  of  the  present  special  session  of  the  General 
Assembly,  the  same  has  become  a  law. 

Given  under  my  hand,  this  11th  day  of  July,  A.  D. 
1837. 

A.  P.  FIELD, 

Secretary  of  State . 


AN  ACT  authorizing  the  Clerks  of  the  County  Commissioners’  Courts  to  list 

certain  Lands. 

Sec.  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  in  all  cases  where 
the  several  clerks  of  the  county  commissioners’  court  of 
this  state,  shall  come  in  possession  of  the3fact,  that  there 
is  land  situated  in  the  county  in  which  he  ps  acting  as 
clerk,  which  land  has  not  been  transmitted  to  said  clerk, 
by  the  Auditor  of  State,  and  which  has  been  actually 
granted  to  any  person  or  persons,  and  which  has  not  been 
listed  by  any  person,  and  that  taxes  are  due  and  owing 
the  state  or  county,  which  remains  unpaid,  said  clerk 
shall  proceed  to  list  the  same,  in  the  name  of  the  person 
or  persons  to  whom  said  lands  were  granted;  and^shall  pro¬ 
ceed  to  advertise  and  sell  the  same  for  taxes,  as  other  non¬ 
resident  lands  are  now  sold. 

Approved,  2lst  July,  1837. 


REVENUE.  5# 

AN  ACT  concerning  the  Public  Revenue.  In  force  July 

21 , 1837 . 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  so  much  of  the 
several  revenue  laws  of  this  state,  as  requires  the  state 
treasurer  to  pay  the  county  commissioners  of  McDonough 
county^  for  the  use  of  said  county,  any  sum  or  sums  of 
money,  in  lieu  of  her  resident  land  tax,  be  and  the  same 
is  hereby  repealed;  and  hereafter  the  sheriff  of  said  coun-Uaw  repealed 
ty  be  required  to  pay  to  the  county  treasurer  of  the L)uty  of&henff9 
aforesaid  county,  the  amount  of  tax  collected  by  him,  on 
lands  lying  in  said  county,  at  the  same  time  and  in  the 
same  manner  as  sheriffs  are  in  the  several  counties  in  this 
state,  other  than  those  on  the  military  tract. 

Sec.  2.  The  provisions  of  the  first  section  of  this  act  £>uty  0f  sheriff 
shall  extend  to  the  county  of  Peoria;  and  the  sheriff  of  the  Peoria  county, 
said  county  of  Peoria  is  hereby  required  to  pay  over  the 
resident  land  tax  of  said  county,  in  the  manner  therein 
provided,  any  law  to  the  contrary  notwithstanding. 

This  act  to  be  in  force  from  and  afterits  passage. 

Approved,  21st  July,  1837. 


AN  ACT  relative  to  the  duty  of  County  Treasurers  and  Sheriffs  .  In  force  July 

22,  1837. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  hereafter  it  shall  Puty  C0luUy 
be  the  duty  oi  the  county  treasurer,  ol  any  county  m  this 
state,  whenever  any  county  order  is  presented  for  pay¬ 
ment,  to  endorse  on  the  hack  of  any  such  order,  the  time 
when  the  same  was  presented  for  payment;  and  it  shall  al¬ 
so  be  the  duty  of  the  said  treasurer,  to  set  down  in  a  book 
to  be  kept  by  him  for  that  purpose,  the  amount  and  date 
of  all  such  county  orders,  to  whom  made  payable,  and  the 
time  when  presented  to  the  said  treasurer  for  payment;  and 
all  county  orders  shall  be  paid  according  to  their  original 
dates;  and  it  shall  be  the  duty  "of  the  county  treasurer, 
whenever  any  money  comes  to  his  hands,  to  set  apart  the 
amount  of  the  order  presented  as  aforesaid,  which  money 
shall  be  kept  by  the  treasurer  until  called  for;  and  the 
said  treasurer,  when  he  goes  out  of  office,  shall  deliver  said 
book,  containing  a  list  of  the  county  orders  so  presented, 
to  his  successor,  who  shall  in  all  things  act  as  though  the 
entries  of  orders  were  made  by  himself. 

Sec.  2.  It  shall  hereafter  be  theduty  ofthe  sheriffofevery  Duty  of  sheriff . 
county  in  this  state,  to  make  out  andadeliver  to  the  treasu¬ 
rer  of  his  county,  on  the  first  Mondays  in  January  and 


ROADS. 


m 

March,  June  and  September,  in  each  year,  an  account  of 
the  amount  of  revenue  collected  by  him  for  the  past  year, 
stating  particularly  the  amount  collected  in  cash,  and  the 
amount  collected  in  county  orders,  which  account  shall  be 
kept  by  the  said  treasurers,  subject  to  the  inspection  of  any 
voter  of  the  county;  and  in  case  any  treasurer  or  .'sheriff 
plyV*16 1°  com"  shall  fail  or  refuse  to  comply  with  the  provisions  of  this  act, 
liability.  he  shall  be  1  iable  to  a  fine  of  fifty  dollars,  to  be  sued  for  in 
the  name  of  the  county  commissioners’  court,  by  any  per¬ 
son  or  persons,  by  an  action  of  debt,  before  any  justice  of 
the  peace,  or  the  circuit  court  of  the  county. 

Approved,  July  22,  1837. 


% 


In  force  20th 
July,  1837 


Commissioners 

appointed 


Time  &  place 
of  meeting 


Shall  make  re¬ 
port 


Compensation 


AN  ACT  to  change  a  State  Road  leading  from  Rushrille  to  Carthage. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  George  Briscow, 
Solomon  Pendowis,  and  David  Atkins,  be  and  they  are 
hereby  appointed  commissioners  to  review  and  relocate 
that  part  of  the  state  road  leading  fromRushviile,  in  Schuy¬ 
ler  county,  to  Carthage,,  in  Hancock  county,  which  lies 
between  Roll’s  mill  and  the  Hancock  county  line. 

Sec.  2.  Said  commissioners,  or  a  majority  of  them, 
shall  meet  on  or  before  the  first  Monday  in  October  next; 
and  being  first  duly  sworn  according  to  law,  by  some  jus¬ 
tice  of  the  peace,  faithfully  to  discharge  the  duties  herein 
required  of  them,  shall  proceed  to  execute  the  same,  and 
on  or  before  the  first  Monday  in  December  next,  make  a 
report  of  their  proceedings  to  the  county  commissioners’ 
court  of  Schuyler  county;  and  said  court  shall  cause  said 
road  to  be  opened  and  kept  in  repair  as  other  state  roads 
are. 

Sec.  3.  Said  commissioners  shall  receive  for  their  ser¬ 
vices  a  reasonable  compensation,  to  be  paid  out  of  the 
county  treasury  by  order  of  said  county  court.  So  much 
of  said  road  as  said  commissioners  shall  deem  expedient 
to  change  is  hereby  vacated. 

Approved  20th  July,  1837. 


ROADS. 


61 


•  AN  ACT  concerning  Public  Roads.  In  force  20th 

July,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  in  all  cases  where 
commissioners  were  appointed  to  locate  state  roads  by 
acts  passed  during  the  last  session  of  the  General  Assem¬ 
bly,  and  said  commissioners  have  from  any  cause  what¬ 
ever  failed  to  perform  the  duties  required  of  them,  they 
are  hereby  authorized  to  perform  the  said  duties  at  any 
time  previous  to  the  twenty-fifth  day  of  December  next. 

Approved  20th  July,  1837. 


AN  ACT  to  change  a  part  of  the  State  Road  running  from  Vandalia  to  Jn  force  21st 

Jacksonville.  July,  1837 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  John  Bradshaw, 
Peleg  Sweet,  and  Joseph  Waters,  of  the  county  of  Mor¬ 
gan,  be  and  they  hereby  appointed  commissioners  to  view, 
mark,  and  change  a  part  of  the  state  road  leading  from 
Vandalia  to  Jacksonville. 

Sec.  2.  The  said  commissioners,  or  any  two  of  them, 
shall  meet  at  the  house  of  Matthew  Sparks,  on  the  first 
Monday  in  October  next,  or  as  soon  thereafter  as  practica¬ 
ble,  and  proceed  to  locate  and  change  that  part  of  said  road, 
viz:  Beginning  at  the  mouth  of  the  lane  which  divides  the 
lands  of  said  Sparks  and  George  Ivirkmans,  thence  north 
twenty-five  rods,  thence  a  westerly  direction  until  it  in¬ 
tersects  the  old  road  near  John  Thorney’s  bridge. 

Sec.  3.  It  shall  be  the  duty  of  the  commissioners  afore- 
said  to  repair  to  the  house  of  Samuel  Woods,  in  town¬ 
ship  fourteen  north,  range  nine  west,  and  there  proceed 
to  alter  a  part  of  the  aforesaid  road,  beginning  and  run¬ 
ning  as  follows,  to  wit:  Beginning  at  the  mouth  of  the 
lane  between  said  Woods’  and  Ralph  McCormick’s, 
thence  south  thirty-five  rods,  thence  an  eastwardly  direc¬ 
tion  until  it  strikes  the  old  road. 

Sec.  4.  That  the  commissioners,  or  a  majority  of 
them,  after  being  duly  sworn  before  some  justice  of  the 
peace  faithfully  to  perform  the  duties  assigned  them  by 
this  act,  shall  file  a  copy  of  their  proceedings  with  the 
clerk  of  the  county  commissioners’  court.  Said  commis¬ 
sioners  shall  be  allowed  one  dollar  and  fifty,  cents  per 
day  for  their  services,  to  be  paid  out  of  the  county  trea- 


Commissioners 


Time  and  place 
of  meeting 


Location 

road 


of 


Time  &,  place 
of  further  meet® 
ing 


Copy  to  be 
filed 


Allowance  to 


62 


ROADS. 


sury  of  Morgan  county;  and  it  shall  be  the  duty  of  the 
court  to  issue  their  order  accordingly. 

This  act  to  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved,  2lst  July,  1837. 


AN  ACT  legalizing  the  location  of  the  State  Road  from  Knoxville  to 

New-Boston. 

Whereas,  By  an  act  of  the  General  Assembly  of  the 
State  of  Illinois,  passed  on  the  13th  day  of  February, 
1835,  appointing  commissioners  to  locate  a  state  road  from 
Knoxville  to  New-Boston,  required  said  commissioners 
to  be  sworn  by  some  justice  of  peace;  and  said  commis¬ 
sioners  having  been  sworn  by  the  clerk  of  the  county 
commissioners’  court,  thereby  making  it  doubtful  wheth¬ 
er  said  commissioners  were  legally  authorized  to  locate 
said  road:  Therefore, 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  the  road  as  now 
Road  declared  laid  out  from  Knoxville,  in  Knox  county,  to  New-Boston, 
a  State  road  in  Mercer  county,  be  and  the  same  is  hereby  declared  a 
state  road;  and  said  road  shall  be  opened  and  kept  in  re¬ 
pair  as  other  roads  are. 

Sec.  2.  This  act  to  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved,  20th  July,  1837. 


In  force  20th 
July,  1837 

Preamble 


In  force  20th  AN  ACT  to  locate  a  State  Road  in  Vermilion  County. 

July,  1837. 


appointed 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  Alexander  Mc¬ 
Donald,  Andrew  Mahemson,  and  Owen  West, be,  and  they 
Commissioneis  are  hereby  appointed  commissioners  to  view,  mark,  and 
locate  a  state  road  from  Danville,  in  Vermilion  county, 
on  the  nearest  route  to  the  county  line  between  the 
counties  of  Vermilion  and  Champaign,  where  the  county 
road  from  Danville  to  Urbanna,  in  Champaign  county, 
crosses  said  line. 

Sec.  2.  The  commissioners  or  a  majority  of  them  shall 
Time  and  place  meet  at  Danville,  on  the  first  Monday  in  September  next, 
of  meeting  or  wjthin  two  months  thereafter,  and,  after  being  first 


ROADS. 


63 


duly  sworn  before  some  justice  of  the  peace,  faithfully  to 
perform  the  duties  required  of  them  by  this  act,  shall  pro¬ 
ceed  to  survey,  mark,  and  locate  said  road,  as  is  provided 
in  the  first  section  of  this  act,  having  in  view  the  public 
good  as  well  as  the  damages  to  private  property,  and  shall, 
as  soon  as  practicable  thereafter,  cause  to  be  made  a  plat  PIat  t0 be  made 
of  said  road,  certified  by  them,  which  shall  be  filed  in  the 
clerk’s  office  of  the  county  commissioners’  court  of  Vermil¬ 
ion  county;  and  when  said  road  is  thus  laid  out  it  shall  be 
considered  a  state  road,  and  shall  be  opened  and  kept  in 
repair  as  other  state  roads  are. 

Sec.  3.  The  county  commissioners’ court  of  Vermilion 
county,  shall  allow  the  sum  of  two  dollars  per  day,  each,  to  Compensation 
said  commissioners,  for  each  day  necessarily  employed  in 
said  view  and  location,  together  with  a  reasonable  allow¬ 
ance  for  such  necessary  hands  as  they  may  employ. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  20th  July.  1837. 


AN  ACT  to  re-establish  a  certain  Road  therein  named.  in  force  20th 

July,  1837 

Whereas,  The  record  of  the  survey  of  that  part  of  the  prearabIe 
state  road  leading  from  Springfield  to  Decatur  (by  the  way 
of  Dingman’s  ferry,on  the  Sangamon  river)  as  lies  betweeii 
Springfield  and  the  east  end  of  Burns’  lane  (distance  about 
ten  miles)  has  been  mislaid  or  lost;  Therefore, 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  Genet al  Assembly ,  That  said  road,  as  now 
travelled,  be,  and  the  same  is  hereby  declared  a  public  ^”ad  declared 
highway,  and  shall  be  worked  and  kept  in  repair  as  other  Uto  Vay 
state  roads  in  said  county. 

Sec.  2.  The  county  commissioners’  court  of  said  county 
shall,  at  their  next  regular  term,  appoint  three  disinterested  how  appointed 
householders  to  review  so  much  of  said  road  as  lies  between 
the  public  square  in  the  town  of  Springfield  and  Reed’s 
starch  factory,  on  said  road,  and  survey  the  remaining  part  Make  pIatof 
as  is  now  travelled,  and  make  a  complete  survey  and  plot  survey 
of  said  road  and  present  the  same  to  the  clerk  of  the  county 
commissioners  court  of  Sangamon  county,  who  shall  make  CIerk  t0  make 
record  of  the  same,  and  file  the  original  in  his  office:  said  ^cmd 
commissioners  shall  be  allowed  a  reasonable  compensation  Uompensa  10n 
for  their  services,  to  be  paid  out  of  the  county  treasury  of 
said  county. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  July  20,  1837. 


64 


ROADS. 


In  force  20th 
July,  1837. 


AN  ACT  to  re-locate  a  part  of  a  State  Road  in  Edgar  County,, 


Commissioners 

appointed 


Time  and  place 
of  meeting. 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois 5 
represented  in  the  General  Asssmbly ,  That  Henry  Beatty, 
Philip  B.  Smith,  and  William  Stephens,  of  the  county  of 
Edgar,  are  hereby  appointed  commissioners  to  relocate  a 
part  of  the  state  road  leading  from  Grandview,  in  Edgar 
county,  to  Livingston,  in  Clark  county. 

Sec.  2.  Said  commissioners,  or  a  majority  of  them,  shall 
meet  at  the  house  of  Elijah  Wells,  in  said  county,  on  the 
first  Monday  in  September  next,  or  within  thirty  days 
To  take  oath  thereafter,  and  after  being  duly  sworn  by  some  justice  of 
the  peace  of  said  county  to  faithfully  and  impartially  re¬ 
locate  said  road,  shall  commence  at  or  near  the  crossing  of 
the  creek  west  of  said  Wells  farm,  and  re-locate  said  road 
along  the  margin  of  the  creek,  upon  the  most  suitable 
ground,  so  as  to  intersect  said  road  again  at  the  most  suit¬ 
able  place  about  a  quarter  of  a  mile  south  of  said  Wells’ 
farm,  and  when  the  said  road  shall  have  been  thus  re-1  oca- 

ted  it  shall  be  deemed  a  public  state  road  and'shall  be 
State  road.  kept  in  repair  as  such. 

Sec.  3.  Said  commissioners  shall  be  entitled  to  one 
Compensation  dollar  per  day,  each,  for  their  services,  to  be  paid  out  of 
the  county  treasury. 

Approved,  20th  July,  1837. 


In  force  20th 
July,  1337. 


AN  ACT  to  locate  a  State  Road  from  the  Indiana  line,  northwest  to  the  stats 

line  in  a  direction  for  Madison. 


Commissioners  Sec.  1.  Beit  enacted  by  the  people  of  the  State  of  Illinois , 
appointed.  represented  in  the  General  Assembly ,  That  William  Smith  of 
Will  county,  J.  M.  Warren  of  Cook  county,  and  Z.  Beards- 
by  of  McHenry  county,  be,  and  they  are  hereby  appointed 
commissioners  toview,  survey,  and  locate,  a  State  Road  from 
Line  of  road,  the  Indina  line,  where  the  old  Indiana  Sac  trail  crosses  said 
line,  to  Lock-port,  thence  to  Napiersvilie,  thence  to  War- 
fenville,  thence  to  Dandee,  thence  to  the  county  seat  of 
McHenry  county,  thence  to  the  state  line  in  a  direction  for 
Madison. 

Time  &  place  Sec.  2.  Said  commissioners,  or  a  majority  of  them,  shall 
oi  meeting.  meet  at  Lockport,  on  the  first  Monday  in  October  next,  or 
as  soon  thereafter  as  convenient,  and  after  being  duly 
sworn  before  some  justice  of  the  peace,  faithfully  to  dis¬ 
charge  the  duties  required  of  them  by  this  act;  shall  pro¬ 
ceed  to  view,  survey,  mark,  and  locate  said  road,  on  the 
best  route,  having  a  due  regard  to  the  public  good,  and  as 


ROADS. 


- 


soon  thereafter  as  practicable*  cause  to  be  made  a  map  of  Map  of  survey 
the  survey  of  said  road,  certified  by  them,  and  forward  a  copy  thera* 
thereof  to  the  clerk  of  the  county  commissioners’  courts,  of 
each  of  the  counties  through  which  said  road  shall  pass, 
which  shall  be  by  him  filed  in  his  office ;  and  the  said  road  thus 
laid  out,  shall  be,  and  is  hereby  declared  a  public  state 
road,  and  shall  be  opened  and  kept  in  repair  in  the  same 
manner  as  other  public  reads  are. 

Sec.  3.  The  county  commissioners’ courts  of  the  seve- ComPensauon” 
ral  counties  through  which  said  road  shall  pass,  shall  allow 
said  commissioners  such  compensation  as  to  them  shall  ap¬ 
pear  reasonable  and  just,  together  with  a  reasonable  com¬ 
pensation  for  one  surveyor,  two  chain  carriers,  and  one 
marker;  which  several  sums  shall  be  paid  by  the  counties 
through  which  said  road  shall  pass,  in  proportion  to  the  ex¬ 
tent  of  said  road  in  each  county. 

Approved,  20 th  July,  1837. 


AN  ACT  to  establish  a  State  Road  from  Beardstown,  in  Cass  county,  to  Peters-  jn  force  20th 

burg,  in  Sangamon  couaty.  July)  1837. " 

Sec.  1.  Be  it  enacted  by  the  people  of  the  Slate  of  Illinois,  Commissioners 
represented  in  the  General  Assembly ,  That  Henry  McHenry,  appointed, 
SolomonjPenny,  and  Isham  Revis,  be,  and  they  are  hereby 
appointed  commissioners  to  view,  mark  and  locate  a  state 
road  from  Beardstown,  in  Cass  county,  thence  as  near  as 
the  ground  will  permit,  by  way  of  the  town  of  Richmond, 
and  Robinson’s  Mill,  to  Petersburg  in  Sangamon  county. 

Sec.  2.  Said  commissioners,  or  a  majority  of  them,  shall  Time  &  place' 
rheet  at  Beardstown,  on  the  first  Monday  in  September  of 'meeting, 
next,  or  oh  any  other  day  which  they  may  agree  upon,  with¬ 
in  six  months  from  the  passage  of  this  act;  and  after  being 
duly  sworn  by  some  justice  of  the  peace,  faithfully  to  per-  To  be  sworn, 
form  the  duties  herein  required;  shall  proceed  to  view, 
mark  and  locate  said  road,  as  above  described,  avoiding  as 
much  as  the  public  interest  will  permit,  the  injury  of  pii- 
vate  property. 

Sec.  3.  Said  commissioners  shall  make  out  a  complete  Map  and  report 
map  and  repot  t  of  the  location  of  so  much  of  said  road  as  uheiefiled- 
lies  in  the  county  of  Cass,  and  file  the  same  with  the  clerk 
of  the  county  commissioners’  court  of  the’said  county  of  Cass; 
and  a  like  map  and  report  of  so  much  as  lies  in  the  county 
of  Sangamon,  and  file  the  same  with  the  clerk  of  the  county  Ajlke  map  and 
commissioners  court  of  said  county  of  Sangamon,  filed. 

Sec.  4.  Said  road  shall  be  and  remain  a  state  road,  and 


66 


‘  ROADS. 


Compensation . 


shall  be  opened  and  kept  in  repair  as  other  state  roads 
are. 

Sec.  5.  The  county  commissioners’  courts  of  the  said 
counties  of  Cass  and  Sangamon,  shall  allow  said  commis¬ 
sioners  such  compensation  as  they  may  deem  reasonable. 

Approved,  July  20th,  1837. 


i 


In  force  20th 
July,  1837. 


AN  ACT  to  relocate  a  part  of  the  State  Road  leading  from  Maysville  to  Shel- 

byville. 


Commissioners 


Time  and  place 
of  meeting. 


Report. 


Power  to  em¬ 
ploy  assistants. 


Sec.  1.  Be  it  enacted,  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  John  Doathet, 
William  Manning,  and  Jacob  Elliott,  of  Shelby  county,  be 
and  they  are  hereby  appointed  commissioners  to  viewr 
mark,  survey  and  locate  that  part  of  the  State  Road  leading 
from  Maysville  to  Shelbyville,  that  lies  within  the  county 
of  Shelby. 

Sec.  2.  Said  commissioners,  ora  majority  of  them,  shall 
meet  at  the  house  of  John  Doathet,  on  or  before  the  25th 
day  of  December  next,  or  within  one  month  thereafter,  and 
after  being  first  duly  swrorn  before  some  justice  of  the  peace 
faithfully  to  discharge  the  duties  herein  required,  shall 
then  proceed  to  discharge  the  duties  enjoined  on  them 
by  this  act;  and  on  or  before  the  first  Monday  in  March 
next,  shall  make  a  report  of  their  proceedings  to  the  county 
commissioners’ court  of  Shelby  county,  and  said  court  shall 
cause  said  road  to  be  opened  and  kept  in  repair  as  other 
state  roads. 

Sec.  3.  The  said  commissioners  shall  have  power  to 
employ  all  necessary  surveyors  and  chain  carriers  to  ena¬ 
ble  them  to  perform  the  duties  enjoined  on  them  by  this 


act. 


Compensation.  Sec.  The  said  commissioners,  appointed  under  the 
provisions  of  this  act,  together  with  the  chain  carriers  and 
surveyors,  shall  receive  out  of  the  county  treasury,  such 
reasonable  compensation  for  their  services  as  may  be 
deemed  just  and  equitable  by  the  county  commissioners’ 
court;  and  so  much  of  said  road  as  said  commissioners  shall, 
deem  expedient  to  change,  is  hereby  vacated. 

Approved,  20th  July,  1837. 


ROADS. 


07 


AN  ACT  to  locate  a  State  Road  from  or  near  George  R.  Logan’s,  to  Tecum-  [n  force  20th 

seh,  in  White  county.  July,  1B37. 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  o  f  Illinois , 
represented  in  the  General  Assembly ,  That  George  R.  Logan, 
John  Shipley,  and  Reuben  Long,  be  and  they  are  hereby 
appointed  commissioners,  to  survey,  mark,  and  locate,  a 
state  road,  from  or  near  the  house  of  George  R.  Logan, 
in  White  county,  to  Tecumseh,  on  the  Great  Wabash 
river. 

Sec.  2.  Said  commissioners,  after  being  duly  sworn  be¬ 
fore  some  justice  of  the  peace,  faithfully  to  discharge  the 
duties  herein  enjoined,  shall,  or  a  majority  of  them,  meet  at 
the  house  of  George  R.  Logan,  on  the  first  Monday  in  Sep¬ 
tember  next,  or  as  soon  thereafter  as  may  be  convenient, 
and  proceed  to  mark,  survey,  and  locate  said  road;  and  as 
soon  as  practicable,  said  commissioners  shall  make  a  re¬ 
port  of  their  proceedings  to  the  county  commissioners’  court 
of  White  county,  which  report  shall  be  filed  with  the  clerk 
of  said  court;  and  the  said  road  thus  laid  out,  shall  be,  and 
is  hereby  declared  a  public  state  road,  and  shall  be 
opened  and  kept  in  repair  as  other  state  roads. 

Approved,  20th  July,  1837. 


Commissioners 

appointed. 


To  be  sworn  . 


Time  and  place 
of  meeting. 


Shall  make  re¬ 
port. 

Where  filed. 

Declared  a 
state  road. 


AN  ACT  to  locate  a  State  Road  from  Apanooce,  in  Hancock  county,  to  the  In  force  20th 
Drowning  Fork  of  Crooked  Creek,  in  McDonough  county,  and  to  vacate  July,  1837. 
part  of  a  State  Road. 

Sec.  1.  Be  it  enacted  by  the  people  o  f  the  State  of  Illinois ,  Commissioners 
represented  in  the  General  Assembly ,  That  John  R.  Ather-  appointed 
ton  and  Jalus  A.  Beebe,  of  the  county  of  Hancock,  and 
Robert  Alexander,  of  the  county  of  McDonough,  be  and 
they  are  hereby  appointed  commissioners  to  view,  mark, 
and  locate  a  state  road  from  Edward  White’s  ferry,  in 
Hancock  county,  the  nearest  and  best  route,  to  intersect 
the  state  road  leading  from  Beardstown  to  Commerce, 
where  said  road  crosses  the  Drowning  Fork  of  Crooked 
Creek,  in  McDonough  county,  having  in  view  the  perma¬ 
nency,  and  a  due  regard  to  the  public  convenience,  doing 
as  little  private  injury  as  possible. 

Sec.  2.  The  said  commissioners  shall  meet  on  the  T"11™3  of  meet" 
first  Monday  in  September  next,  or  as  soon  thereafter  as  11,§ 
practicable,  at  the  town  of  Apanooce,  in  Hancock  county,  Place 
and  after  being  duly  sworn  by  some  justice  of  the  peace 
of  said  county  faithfully  to  discharge  the  duties  required 


ROADS. 


Report 


State  road 


Commissioners 
may  call  assis 
tance 


Report  filed 


Part  of  road  va¬ 
cated 


of  them  by  this  act,  shall  proceed  to  locate  the  said  road, 
designating  the  same  by  ploughing  or  staking  in  the  prai¬ 
rie,  and  marking  the  trees  in  the  timber,  and  as  soon  as 
practicable  thereafter  cause  to  be  made  out  a  report  of 
the  same,  and  return  a  copy  thereof  to  the  clerk  of  the 
county  commissioners'*  court  of  each  of  said  counties, 
which  shall  be  by  him  filed  in  his  office;  and  said  road, 
thus  laid  out,  shall  be  and  is  hereby  declared  a  public 
state  road,  and  shall  be  opened  and  kept  in  repair  as  other 
state  roads  are. 

Sec.  3.  The  said  commissioners,  or  a  majority  of 
them,  shall  be  authorized  to  proceed  and  lay  out  said  road 
as  required  by  this  act,  and  call  to  their  assistance  such 
other  help  as  may  be  necessary  for  the  location  of  the 
same;  and  the  county  commissioners’  court  of  each  of 
said  counties  shall  allow  said  commissioners,  and  such 
other  hands  as  they  may  necessarily  employ  to  assist 
them,  a  reasonable  compensation  for  each  day  employed 
in  locating  said  road,  to  be  paid  out  of  each  of  said  coun¬ 
ty  treasuries,  in  proportion  to  the  distance  said  road  may 
pass  through  the  same,  where  said  commissioners  shall 
have  filed  a  copy  of  said  report  as  recited  in  this  act, 
duly  certified  and  attested  by  them. 

Sec.  4.  That  all  that  part  of  the  state  road  leading 
from  Beardstown  to  Commerce,  as  lies  between  the 
Drowning  Fork  of  Crooked  Creek,  in  McDonough  coun¬ 
ty,  and  Commerce,  in  Hancock  county,  be  and  the  same 
is  hereby  disannulled  and  vacated. 

Approved,  20th  July,  1837. 


In  force  21st  ACT  to  locate  a  State  Road  from  East  Nelson,  in  Shelby  county,  to 

July  1837  Leroy,  in  McLean  county. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  Seth  N.  Mon- 

Commissioners  ^a’Sue  °f  Shelby  county,  John  Dickey  of  Macon  county, 
appointed  and  Oliver  Barnett  of  McLean  county,  be  and  they  are 
hereby  appointed  commissioners  to  view,  mark,  and 
locate  a  state  road  from  East  Nelson,  in  Shelby  county, 
to  Leroy,  in  McLean  county,  via  Murfreesboro’  and  Ma¬ 
rion,  in  Macon  county. 

Time  &  place  Sec.  2.  The  said  commissioners,  or  a  majority  of 
of  meeting  them,  shall  meet  at  East  Nelson  on  the  first  Monday  in 

September  next,  or  as  soon  thereafter  as  convenient,  and 
after  being  duly  sworn  before  some  justice  of  the  peace, 


ROADS. 


69 


shall  proceed  forthwith  to  view,  mark,  and  locate  said 
road  on  the  nearest  and  most  suitable  route  from  point  to 
point,  taking  into  view  its  utility  and  permanency  as  a 
public  road.  T.  hej>  shall  maik  said  toad  by  blazing  the  Shall  mark 
trees  in  the  timber,  and  setting  suitable  stakes  in  the  road 
prairie,  and  they  shall  also  cause  a  survey  and  map  or  plat 
of  said  road  to  be  made,  one  copy  of  which  shall  be  filed 
in  the  office  of  the  county  clerk  in  each  county  through 
which  said  road  passes. 

Sec.  3.  The  county  courts  of  the  respective  counties  Compensation 
shall  cause  said  roads  to  be  opened  and  kept  in  repair  as  of  comrniss’r8< 
other  state  roads;  and  shall  pav  said  commissioners,  to¬ 
gether  with  such  necessary  hands  as  they  may  employ,  a 
reasonable  compensation  for  their  services,  each  county 
paying  its  proportionate  share,  according  to  the  time  and 
labor  necessary  to  locate  said  road  within  their  respective 
limits.  v 

Approved,  21st  July,  1837. 


AN  ACT'  to  change  pait  of  a  Road  therein  named. 


In  force  21st 
July,  1837. 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  so  much  of  the 
state  road  leading  from  the  west  end  of  Court  street,  in 
the  town  of  Paris,  in  Edgar  county,  towards  Springfield 
and  Grandview,  as  lies  within  sixty  rods  of  the  west  of 
said  street,  and  which  runs  on  the  land  of  Leander  Mun- 
sell,  may  be  so  altered  as  to  run  straight  with  the  said 
street  fifty-five  rods  west,  thence  angling  so  as  to  intersect 
the  present  road:  Provided ,  In  the  opinion  of  the  county 
commissioners  the  said  alteration  will  not  be  detrimental 
to  the  public  interest;  and  Provided ,  also ,  That  no  ex¬ 
pense  shall  be  incurred  by  the  public  thereby,  nor  injury 
to  private  property. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  2lst  July,  1837. 


70 


In  force  21st 
July,  1837. 


Commissioners 

appointed 


State  road 


Time  &  place 
pf  meeting 


II qw  to  mark 
road 


To  make  map 


Where  filed 


Compensation 


ROADS. 


AN  ACT  to  locate  a  State  Road  from  Alton  to  Elias  Gvvinn’s.' 

Sec.  1.  Be  it  enacted  by  the  people  o  f  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  Josiah  .Little  and 
Alexander  Hart  of  Madison  county,  and  Moses  True  of 
Macoupin  county,  be  and  they  are  hereby  appointed  com¬ 
missioners  to  view,  mark,  and  locate  a  state  road  from  Alton, 
by  way  of  Upper  Alton,  to  the  ford  at  Josiah  Little’s,  on 
the  East  Fork  of  Wood  River,  thence  on  the  shortest  and 
best  route  to  Bunker  Hill,  in  Macoupin  county,  and  from 
thence  the  road  as  now  travelled  to  Elias  Gwinn’s,  on 
the  Dry  Fork  of  Macoupin  Creek,  shall  be  and  the  same 
is  hereby  declared  a  state  road;  and  the  review  and 
survey  of  said  road  shall  continue  no  further  than  Bunker 
HiH. 

Sec.  2.  The  said  commissioners,  or  any  two  of  them, 
shall  meet  at  Bunker  Hill  on  the  second  Monday  in  Au¬ 
gust,  or  within  ninety  days  thereafter,  and  after  having 
been  duly  sworn  by  some  justice  of  the  peace  for  the 
faithful  performance  of  the  duties  enjoined  upon  them 
by  this  act,  shall  proceed  to  view,  mark,  and  locate  said 
road,  by  setting  stakes  in  the  prairie, and  blazing  the  trees 
in  the  timber;  and  shall  make  out  and  return  a  complete 
plat  of  so  much  of  said  road  as  lies  in  each  of  said  coun¬ 
ties  through  which  said  road  may  pass,  and  return  the 
same  to  the  clerks  of  the  county  commissioners’  courts  of 
said  counties  respectively,  by  the  third  day  of  the  De¬ 
cember  term  of  said  courts,  to  be  by  them  filed  and  pre¬ 
served  in  their  offices;  and  said  road,  when  so  laid  out, 
shall  be  opened  four  rods  wide,  and  kept  in  repair  as 
other  state  roads  are. 

Sec.  3.  The  county  commissioners’  courts  of  Madison 
and  Macoupin  counties  shall  allow  to  said  commissioners, 
and  all  persons  necessarily  employed  in  surveying,  mark¬ 
ing,  and  locating  said  road,  a  reasonable  compensation  for 
their  services,  to  be  paid  out  of  their  county  treasuries  ill 
proportion  to  the  time  employed  in  each  county  in  loca¬ 
ting  said  road. 

Approved,  21st  July,  1837. 


ROADS. 


71 


AN  ACT  to  Relocate  a  part  of  the  State  Road  leading  from  William  Crow’s*  fu  force  21sc 
in  Morgan  County,  to  Mustek’s  Bridge,  in  Sangamon  County.  Jtdy,  1837. 


Sec.  I.  Be  it  enacted  by  the  people  of  the  Slate  of  Illinois , 
represented  in  the  General  Assembly ,  That  Reuben  Harrison, 

Doliis  Scott,  and  Elihu  Bone,  be,  and  they  are  hereby,  ap  •  Commissioners 
pointed  commissioners  to  view,  mark,  and  relocate  so  appointed 
much  of  the  state  road  leading  from  William  Crow’s,  in 
Morgan  county,  to  Musick’s  bridge,  in  Sangamon  county, 
as  lies  between  the  head  of  Richmond  creek  and  the  San¬ 
gamon  river. 

Sec.  2.  Said  commissioners  shall  meet  at  the  house  of  Time  and  i 
Peter  Cartright,  on  the  first  Monday  in  September  next,  0f  meeting 
or  on  any  other  day  agreed  on  by  them  within  six  months 
from  the  passage  of  this  act,  and  after  being  duly  sworn 
shall  proceed  to  relocate  the  part  of  the  said  road  above- 
mentioned,  avoiding  the  injury  of  private  property  as 
much  as  the  public  convenience  will  permit. 

Sec.  3.  Said  commissioners  shall  make  a  map  and  re- Shall  male' 
port  of  said  relocation,  and  file  the  same  with  the  clerk  of  maP 
the  county  commissioners’  court  of  Sangamon  county; 
and  shall  receive  out  of  the  treasury  of  said  county  such  Compensation 
compensation  as  the  county  commissioners  may  deem  rea¬ 
sonable. 


Sec.  4.  The  road  as  now  travelled  from  Sprin 
to  Rochester,  both  in  Sangamon  county,  be,  and  the 
is  hereby  declared  a  state  road,  and  shall  be  worked  and  dared  a  State 
kept  in  repair  as  other  state  roads  are.  Road 

Sec.  5.  That  Samuel  K.  Miller,  James  FyfFe,  and 
James  Lanterman  be,  and  they  are  hereby  appointed  com-  poj™|^Joneis 
missioners  to  view  and  locate  a  state  road  leading  from 
Lawrenceville  to  Russelville,  in  Lawrence  county. 

Sec.  6.  The  said  commissioners  shall  meet  in  Law- 
renceville,  on  or  before  the  second  Monday  in  August  next,  0/meetingPlaCe 
or  as  soon  thereafter  as  convenient,  and  after  being  sworn 
by  some  justice  of  the  peace  impartially  to  locate  the 
same,  they  shall  commence  at  Lawrenceville,  thence  by 
James  Nabbs’  bridge,  across  the  Embarrass  river,  to  the  Line  of  Road* 
centre  school  house  in  Allison  prairie,  and  from  thence  to 
Russelville  on  the  most  convenient  and  practicable  ground, 
doing  as  little  injury  to  private  property  as  possible. 

Sec.  7.  The  said  commissioners  shall,  as  soon  as  con-  Report  to  be 
venient,  cause  to  be  filed  with  the  clerk  of  the  county  filed 
commissioners’  court  of  Lawrence  county,  a  report  and 
complete  map  of  said  road,  which  report  and  map  shall  be 
preserved  and  shall  form  a  part  of  the  record  of  said  court. 

Said  road,  when  so  established,  shall  be  kept  in  repair  as 
other  state  roads  are.;  and  the  county  commissioners’  court 


rv(K  inester 


Ti 


ROADS. 


-of  Lawrence  county  shall  allow  the  said  viewers  not  more 
Inhabitants  of  than  one  dollar  and  fifty  cents  per  day  for  their  services. 
Petersburg  may  Sec.  g#  The  inhabitants  of  the  town  of  Petersburg,  in 
r  bangamon  county,  may  hereafter  be  incorporated  accord¬ 
ing  to  the  provisions  of  the  general  town  incorporation 
act,  notwithstanding  said  town  may  not  contain  one  hun¬ 
dred  and  fifty  inhabitants. 

Approved,  *21  st  July,  1837. 


/ 

In  force  21st 
July,  1837. 


AN  ACT  concerning  a  State  Road  in  Edwards  County. 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
Commissioners  represented  in  the  General  Assembly,  That  Archibald  Spring, 
appointed  Daniel  Ingraham,  and  Cad  W.  Jones,  of  Edwards  county, 
be,  and  they  are  hereby  appointed  commissioners,  any 
two  of  whom  may  acc,  to  lay  out,  survey  and  mark,  a  road 
commencing  at  Albion,  in  Edwari  s  county,  and  running 
Piattobe  made  |.|lence  to  x|enry  Mills’  in  Edwards  county,  and  make 

a  plat  thereof  and  file  the  same  with  the  clerk  of  the  coun- 
Compensation  ty  commissioners’  court  of  Edwards  county;  and  the 
county  commissioners’  court  of  said  county  shall  make  a 
just  and  equitable  allowance  to  each  of  said  commission- 
Howpaid  ers  for  all  time  and  necessary  expense  in  laying  out,  sur¬ 
veying  and  making,  and  filing  a  plat  of  said  road,  which 
shall  be  paid  out  of  the  Treasury  of  said  county  of  Ed¬ 
wards. 


Damages  h6w 
Assessed 


Time  and  place 
of  meeting 


Sec.  2.  The  commissioners  shall  proceed  to  lay  out, 
survey,  and  mark  said  road,  the  nearest  way  and  best 
ground,  having  due  regard  to  the  interests  of  individuals 
through  and  near  which  said  road  may  pass. 

Sec.  3.  When  said  road  shall  pass  through  improved 
lands  of  private  individuals,  said  commissioners  shall  also 
proceed  to  assess  such  reasonable  damages  as  each  may 
suffer  thereby,  which  shall  be  paid  by  the  county  com¬ 
missioners  of  said  county. 

Sec.  4.  Said  commissioners  shall  meet  at  the  town  of 
Albion  on  the  first  Monday  in  September  next,  or  as  soon 
thereafter  as  may  be  convenient,  and  after  having  been 
sworn  by  some  justice  of  the  peace  of  Edwards  county, 
faithfully  to  discharge  the  duties  enjoined  by  this  act, 
shall  proceed  to  the  discharge  thereof. 

Approved,  July  42 1st,  f  837* 


ROADS. 


?3 


AN  ACT  to  locate  a  State  Roatl  from  Salem,  in  Marion  County,  to  Charlei-  jn  forc0  2isfc 

ton,  in  Coles  Count)'.  July,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ) 
represented  in  the  General  Assembly ,  That  Hugh  Eagan,  of 
the  county  of  Marion,  John  Martin,  of  the  county  of  Effing¬ 
ham,  and  Theron  E.  Balch,of  the  county  of  Coles,  be,  and 
the  same  are  hereby  appointed  commissioners  to  view  and  Commissioners 
locate  a  state  road  from  Salem,  in  Marion  county,  to  Ew-  yfJwTnd  local* 
ington,  in  Effingham  county,  thence  to  Charleston, in  Coles  state  road 
county,  on  the  nearest  and  best  ground,  so  as  not  to  inter¬ 
fere  with  farms,  as  much  as  possible. 

Sec.  2.  It  shall  be  the  duty  of  said  commissioners,  or  a 
majority  of  them,  to  meet  at  Salem,  on  or  before  the  first  Time  &  piact 
Monday  in  December  next,  anu  after  having  taken  an  oath  of  meeting 
or  affirmation,  before  some  justice  of  the  peace,  faithfully 
and  impartially  to  perform  the  duties  required  by  this  act,  Return  to  be 
to  proceed  to  mark  and  lay  out  sakbroad  above  mentioned,  made  to  county 
and  shall  make  due  return  thereof  to  the  next  county  com-  commissioners’ 
missioners’  court  of  each  county. 

Sec.  3.  The  county  commissioners  of  the  counties  of 
Marion,  Effingham,  and  Coles,  may  allow  out  of  the  county 
treasuries  respectively,  a  reasonable  compensation  for  their  Comrensatlors 
services;  and  the  said  county  commissioners  shall  order 
the  same  to  be  opened  and  kept  in  repair  as  other  state 
roads  are. 

Sec.  4.  This  act  to  be  in  force  from  and  after  its 
passage. 

Approved,  2 1st  July,  1837. 


AN-  ACT  to  relocate  certain  Roads  therein  named.  In  force  21st 

July,  1837. 

Sec.  i.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 

Represented  in  the  General  Assembly ,  That  Joshua  P.  Crow, 

Reddick  Horn,  and  Stephen  Lee,  are  hereby  appointed  Commissioners; 

commissioners  to  review,  mark,  and  relocate  that  part  of  Jeiocate^  ^ 

the  state  road  leading  frGm  Springfield  to  Beardstown, 

which  lies  between  Archibald  Job’s  and  William  Babb’s 

bridge:  said  commissioners  shall  meet  at  A.  Jobs  any  time 

before  the  first  of  January  next,  and  being  first  sworn  by  To  be  s*om 

some  justice  of  the  peace,  shall  proceed  to  perform  the 

duty  herein  imposed  upon  them:  said  commissioners  shall 

make  a  full  report  of  the  location  of  said  road  to  the  county  Mike  full 

commissioners’  court  of  Cass  county;  and  after  the  road  so  report 

relocated  by  them  shall  be  opened,  the  former  survey  of 


K 


14 

Road  vacated 

Pay  for  services 
rendered 


Commissioners 

appointed 


When  &  where 
to  meet 


To  be  sworn 


Make  map 
Where  filed 


Pay  of 


I!i  force  21st' 
July,  1837 


Commissioners 

appointed. 


ROADS. 

the  part  of  said  road  so  relocated  shall  be  vacated.  The 
county  commissioners’  court  of  the  county  of  Cass  shall 
allow  to  said  commissioners  a  reasonable  allowance  for 
their  services,  out  of  the  county  treasury. 

Sec.  2.  That  Julius  Elmore,  of  Sangamon  county, 
Thomas  Bojrce  and  J.  R.  Bennett,  of  Morgan  county  be, 
and  they  are  hereby  appointed  commissioners  to  view, 
mark,  and  locate  a  state  road,  commencing  at  a  mile 
post  south  of  Fetter  Cartright’s,  in  Sangamon  county, 
thence  to  William  Crow’s,  in  Morgan  county,  running  as 
near  as  practicable  to  the  old  road  leading  from  one  point 
to  the  other,  and  there  intersect  the  road  laid  out  by  the 
county  commissioners’  court  of  Morgan  county,  lead¬ 
ing  to  Princeton,  and  then  west  with  said  survey  as 
far  as  Stark  Gilliams,  thence  through  the  settlement  of 
Henry  Keltnor’s  timber,  thence  to  the  head  timber  of  Wal¬ 
nut  Grove,  thence  to  New  Virginia. 

Sec.  3.  That  said  commissioners,  or  any  two  of  them, 
shall  meet  at  the  house  of  Fetter  Cartright,  in  Sangamon 
county,  on  the  second  Monday  in  August  next,  or  as  soon 
as  practicable  thereafter,  and  before  entering  on  the  dis¬ 
charge  of  their  duties  shall  take  an  oath  before  some  jus¬ 
tice  of  the  peace  of  Sangamon  county,  faithfully  and 
impartially  to  observe  all  the  duties  enjoined  upon  them 
by  this  act,  shall  proceed  to  view,  mark,  and  locate  said 
road,  beginning  and  touching  the  points  as  named  in  sec¬ 
tion  second. 

Sec.  4.  Said  commissioners  shall  cause  a  map  or  sur¬ 
vey  to  be  made  of  said  road,  to  be  filed  in  the  office  of  the 
clerks  of  the  county  commissioners’  courts  of  Sangamon 
and  Morgans  and  the  county  commissioners’ courts  of  each 
county  through  which  the  road  shall  pass,  shall  allow  the 
said  commissioners  such  compensation  for  their  services 
as  shall  be  just  and  reasonable  in  proportion  to  the  servi¬ 
ces  rendered  in  each  county. 

Sec.  5.  Said  road  shall  "be  opened  and  kept  in  repair  as 
other  state  roads  are,  and  shall  take  effect  and  be  in  force 
from  and  after  the  passage  of  this  act. 

Approved,  2 1  st  J  uly,  1837... 


AN  ACT  to  locate  certain  State  Roads  therein  named. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  Benjamin  Harris, 
William  Munson,  and  Levi  Lee,  be  and  thev  are  hereby 
appointed  commissioners  to  view,  survey,  mark,  and  locate 


HO  A  1LS. 


75 


a  state  road  beginning  at  the  town  of  Munson,  in  Lasalle  Road  Rom 
county,  from  thence  to  Pawpaw  Grove,  Plum  Thicket,  Muasonto 
Loblolly,  mouth  of  Sycamore,  Winnebago,  the  mouth  of state  line 
Pickatolica,  thence  north  to  the  state  line;  and  that  Ben¬ 
jamin  F.  Findley,  Joseph  McCarty,  and  Rufus  Calton,  be  Commissioners 
and  they  are  hereby  appointed  commissioners  to  view,  appointed  to 
survey,  mark,  and  locate  a  state  road,  beginning  at  Me- ^^vccait  *s 
Carty’s  mills  on  Fox  River,  in  Kane  county,  from  thence  mills  to  Oregon 
to  Caltonsville,  Lee’s  mills,  mouth  of  Kishwakee,  Blooming- 
ville,  to  Oregon;  and  that  C.  W.  Reynolds,  Albert  Moon, 
and  James  Breckenridge,  be  and  they  are  hereby  ap¬ 
pointed  to  view,  survey,  mark,  and  locate  a  state  road  Commissioners 
from  Peru,  in  Lasalle  county,  to  the  state  line  between  appointed  to 
Illinois  and  Indiana,  in  a  direction  to  Lafayette  on  the 
Wabash,  by  Lowel,  Webster,  Pontiac,  to  the  state  line;  the  state  line 
and  that  John  C.  Philips,  William  Munson,  and  Alvey  Commissioners 
Culney,  be  and  they  are  hereby  appointed  commissioners  aPP°mted  t° 

.  J  i  -ii,  ,  ,,  mark  road  irom 

to  vigw,  survey,  mark,  and  locate  a  state  road  irom  Juliet  Juliette toRock 
to  Rock  Island,  by  Georgetown.  Island 

Sec.  2.  Said  commissioners,  or  a  majority  of  them, 
shall  meet  at  the  points  of  beginning  of  the  aforesaid  roads, 
on  the  first  day  of  September,  or  as  soon  as  practicable,  Time  of  meet- 
and,  after  being  first  duly  sworn  before  some  justice  of  the  ins 
peace,  shall  proceed  to  locate  said  roads  on  the  nearest 
and  best  routes,  taking  into  view  the  public  good. 

Sec.  3.  The  several  county  commissioners’  courts  shall 
pay  such  reasonable  compensation  as  they  may  think  just  Compensation 
and  right,  in  proportion  to  the  length  of  said  road  in  each  coumy^ourts 
count} . 


Sec.  4.  Said  commissioners  shall,  within  twenty  da}'s 
after  the  location  of  said  roads,  file  a  plat  of  the  survey 
with  the  clerk  of  the  county  commissioners’  courts  of  the 
several  counties  through  which  said  roads  may  pas=. 

Sec.  5.  That  John  W.  Lott  and  Miles  Bennett,  of 
Greene  County,  and  Austin  S.  Wilson, of  Macoupin  county, 
be  and  they  are  hereby  appointed  commissioners  to  view, 
survey,  mark,  and  locate  a  state  road  from  Carlinville,  in 
Macoupin  county,  by  way  of  Jerseyville,  to  Grafton  in 
Greene  county,  varying  as  little  as  practicable  from  a 
direct  line,  having  in  view  the  most  eligible  i  oute,  its  perma¬ 
nency,  and  due  regard  to  the  public  convenience. 

Sec.  0.  That  said  commissioners,  or  a  majority  of  them, 
shall  meet  on  the  first  day  of  August  next,  or  within  six 
months  thereafter,  at  Carlinville,  and  being  first  duly  sworn 
before  some  justice  of  the  peace  faithfully  to  discharge  the 
duties  required  of  them  by  this  act,  shall  proceed  to  survey, 
mark,  and  locate  said  road,  and  as  soon  as  practicable 
thereafter,  cause  to  be  made  a  map  of  the  survey  of  said 
road,  certified  by  them,  and  forward  copies  thereof  to  the 


Plat  to  be  filed 


Commissioners 
to  locate  state 
road  from  Car¬ 
linville  to 
Grafton 


Time  &.  place 
of  meeting 


Map  of  surve  y 
to  be  made  and 
sent  to  each 
clerk 


ROADS. 


76 


clerk  of  the  county  commissioners'  court  of  each  county 
through  which  said  road  may  pass,  which  shall  be  by  them 
filed  in  their  offices;  and  the  said  road  thus  laid  out  shall 
Road  declared  be  and  is  hereby  declared  a  public  state  road,  and  shall  be 
public  opened  and  kept  in  repair  in  the  same  manner  as  other 

public  roads  are. 

Sec.  7.  Said  commissioners  shall  receive  a  just  and 
Compensation  fair  compensation  for  all  the  necessary  time  employed  in 
said  work,  together  with  a  reasonable  compensation  for 
one  surveyor,  two  chain  carriers,  and  one  marker,  which 
shall  be  paid  by  the  counties  respectively  through  which 
said  road  may  pass,  in  proportion  to  the  distance  in  each 
county  through  which  it  may  pass. 

Sec.  8.  This  act  shall  not  take  effect,  so  far  as  regards 
Macoupin  county,  until  it  is  accepted  by  the  order  of  the 
county  commissioners’  court  of  said  county,  on  application 
of  the  citizens  of  the  county  on  said  route  This  act  in 
Act  psssed  last  force  from  and  after  its  passage. 

ejjplyto  south  ^Ec*  That  so  much  of  an  act  passed  at  the  last  ses- 
soad  sion  of  the  General  Assembly,  as  declares  a  certain  county 

road  which  runs  from  Charleston,  in  Coles  county,  to 
Hitesville,  sh<ill  apply  to  the  south  county  road  running  to 
and  from  the  abovementioned  towns. 

Approved,  21st  July,  1837, 


In  force  21st  AN  ACT  to  locate  a  State  Road  front  Canton  to  Knoxville,  and  for  other 
July,  1837.  purposes. 

Commissioners  Sec.  1 .  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
appointed.  represented  in  the  General  Assembly ,  That  Henry  Emery, 
and  Starling  Turner,  of  Fulton  county,  and  George  New¬ 
man  of  Knox  county,  be  and  they  are  hereby  appointed 
commissioners  to  view,  lay  out,  locate,  and  survey  a.  state 
road  from  Canton,  by  Middlegrove,  to  Knoxville* 

Time  and  place  Sec.  2.  Said  commissioners  shall  meet  at  Canton  on 

of  meeting.  the  first  Monday  in  September  next,  or  within  three  months 
thereafter,  and  after  being  duly  sworn  before  some  justice 
of  the  peace  faithfully  to  perform  the  duties  required  by 
this  act,  shall  proceed  to  survey  and  locate  said  road  as 
required  by  this  act,  having  in  view  the  convenience  of 
the  inhabitants  and  the  permanency  thereof. 

Shall  mate  plat  Sec.  3.  As  soon  as  practicable  after  said  road  is  loca- 
of  survey.  ted,  said  commissioners  shall  make  or  cause  to  be  made  a 
plat  of  so  much  of  said  road  as  lies  within  the  respective 
counties,  and  transmit  the  same  to  the  clerks  of  the  county 
commissioners  ’court  of  the  respective  counties  through. 


HOADS.  77 

which  the  same  may  pass,  which  shall  he  filed  and  preserv-  File  with  clerk 
ed  in  the  office  of  said  courts;  and  [said]  road  shall  of  county, 
be  opened  and  kept  in  repair  as  other  state  roads  are. 

Sec.  4.  The  county  Commissioners’  courts  of  the  re-  ComPensat,on- 
spective  counties  through  which  said  road  shall  pass,  shall 
allow  said  commissioners  and  all  others  rendering  services, 
a  reasonable  compensation,  to  be  paid  out  of  their  county 
treasuries,  in  proportion  to  the  distance  said  road  shall  be 
located  in  the  same. 

Sec.  5.  Ahira  Sanders,  Absalom  Maxwell,  are  appoint- Commissioners 
ed  commissioners  to  view  and  locate  a  state  road,  and  are  appointed, 
required  to  meet  at  Lewiston  on  the  the  last  Monday  in  Tiine  &  P]ace 
September  next,  or  at  such  time  thereafter  as  a  majority  ol  meetmg* 
of  them  may  agree  upon,  and  after  being  duly  sworn,  shall  To  be  sworn, 
proceed  to  survey  and  locate  a  state  road  from  Lewiston, 
via]  Jackson  Grove  and  Fairview,'  to  Knoxville,  on  the 
the  most  suitable  ground  for  a  permanent  road;  doing  as 
little  injury  to  farms  as  the  public  goodwill  permit;  and  if  roatj  intersect 
if  said  road  shall  intersect  a  state  road  leading  from  Can-  state  road  com- 
ton  to  Knoxville,  the  said  commissioners  are  not  required  missioners  not. 
to  lay  out  said  road  further  than  the  point  of  intersect  ouuoad f°rther 
tion.  - 

Sec.  6.  As  soon  as  practicable  after  said  road  shall  be  Maptobemad© 
located,  said  commissioners  shall  execute  a  map  or  plat  of 
so  much  of  said  road  as  lies  within  the  respective  counties, 
and  transmit  the  same  to  the  clerks  of  the  county  commis¬ 
sioners’ courts  of  the  respective  countiesthrough  which  the 
same  may  pass,  which  shall  be  filed  in:the  office  of  said  courts;  where  filed, 
said  road  shall  be  opened  and  kept  in  repair  as  other  state 
roads  are. 

Sec.  7.  The  county  commissioners’  courts  of  the  re-  Compensation 
spective  counties  through  which  the  said 
shall  allow  said  commissioners  and  such  o 
necessary  service  a  reasonable  compensation,  to  be  paid 
out  of  their  county  treasuries,  in  proportion  to  the  distance 
said  road  may  be  located  in  the  same.  .  . 

Sec.  8.  O.  W.  Kellogg,  of  Ogle  county,  and  Sanford  ap0p™  u[ed  toi” 
Journey  and  John  Brown,  of  Jo  Daviess  county,  be  and  cate  road, 
they  are  hereby  appointed  commissioners  to  view,  locate 
and  mark  a  road  from  the  town  of  St.  Marion,  in  the  county 
of  Ogle,  via  Elkhorn  Grove,  to  Savannah,  in  Jo  Daviess 
county. 

Sec.  9.  The  commissioners  aforesaid,  or  a  majority  of  When  and 
them,  shall  meet  at  the  town  of  St.  Marion,  on  the  first where  to  raeet 
Monday  in  September  next,  or  within  four  months  there¬ 
after,  and  before  entering  on  the  duties  of  their  appoint-  g  ^  n 
ment,  shall  take  an  oath  before  some  justice  of  the  peace  be^re 
faithfully  and  impartially  to  locate  said  road,  keeping  in  peace, 
view  the  shortness  of  the  route,  and  eligibility  of  the  ground 


road  may  pass,10  ou,,‘,luf51uum 

J .  1  .  ers  and  others. 

thers  rendering 


78 


ROADS. 


Mile  posts 
be  set  up. 


Road  deemed 
highway. 


ers 


Commissioners 

appointed. 


so  as  to  make  the  same  a  permanent  road;  distinctly  mark* 
toing  the  same,  and  to  set  a  post  on  the  right  of  the  road  with 
the  miles  marked  thereon  progressively. 

Sec.  10.  The  said  commissioners  so  soon  as  they  shall 
M  to  be  made  ^ave  completed  the  location  of  said  road  shall  make  out  a 
map  which  together  with  the  filed  notes  of  survey  shall  be 
filed  with  the  clerks  of  the  county  commissioners’  courts 
through  which  the  same  shall  pass. 

Sec.  11.  Said  road,  when  laid  out  as  aforesaid,  shall  be 
deemed  a  public  highway,  and  shall  be  opened  and  kept  in 
repair  as  such;  and  the  county  commissioners’courts  of  the 
counties  of  Ogle  and  Jo  Daviess  shall  allow  to  the  commis¬ 
sioners  engaged  in  laying  out  said  road,  two  dollars  per 

Compensation  ^  each  for  the  time  necessarily  engaged  inlaying  out  and 
*ot  commission-  *  j  o  o  %  j  o 

making  returns  of  the  same,  together  with  a  reasonable  al¬ 
lowance  to  the  surveyor  and  other  hands  necessary  in  lay¬ 
ing  said  road. 

Sec.  12.  That  Jabez  Warren,  of  the  county  of  White- 
side,  and  Howsen  K.  Teaor  and  Ralph  Ware,  of  the  coun¬ 
ty  of  Putnam,  be  and  they  are  hereby  appointed  commis¬ 
sioners  to  view,  survey,  mark  and  locate  a  state  road,  from 
the  West  bank  of  the  Illinois  river  opposite  the  town  of 
Hennepin, in  Putnam  county,  via  Prophetstown  and  Illinois 
City  in  the  county  of  Whiteside,  to  the  City  of  Fulton. 

Time  Sc  place  Sec.  13.  The  commissioners  aforesaid,  or  a  majority  of 
to  meet.  them,  shall  meet  at  the  town  of  Hennepin,  on  the  first  Mon¬ 
day  in  the  month  of  October  next,  or  within  four  months 
thereafter;  and  before  entering  on  the  duties  assigned  them 
by  this  act,  shall  take  an  oath  before  some  justice  of  the 
peace  faithfully  and  impartially  to  locate  said  road,  keep¬ 
ing  in  view  the  shortness  of  the  route  and  the  eligibility  of 
the  ground,  so  as  to  make  the  same  a  permanent  road;  and 
wherever  the  said  road  shall  pass  through  prairie  land  it 
shall  be  the  duty  of  the  commissioners  to  firmly  set  stakes 
passes  through  jn  (he  ground  at  least  four  feet  high,  and  at  the  distance  of 
prame.  every  quarter  of  a  mile,  and  blaze  the  trees  in  passing 

through  the  timbered  land. 

Sec.  14.  When  said  road  shall  be  located  as  aforesaid, 
the  commissioners  shall  cause  the  plat  of  the  survey  and 
field  notes  thereof  to  be  filed  in  the  office  of  the  clerks  of 
the  county  commissioners’  courts  through  which  counties, 
er  part  of  which,  said  roads  shall  pass,  to  be  preserved  as 
records  thereof. 

Sec.  15.  Said  roads  when  located  as  aforesaid  shall  be 
deemed  public  highways,  shall  be  opened  four  poles  wide, 
and  kept  in  repair  as  other  public  roads. 

Sec.  16.  The  county  commissioners’ courts  of  the  sever¬ 
al  counties  through  which,  or  part  of  which,  said  road  shall 
pass,  shall  allow  and  pay  to  each  of  said  commissioners 


To  be  sworn. 


Duty  of  com¬ 
missioners 
when  road 


ROADS. 


79 


(he  sum  ot  two  dollars  per  day  for  the  time  necessarily  cm  county  commis 
ployed  in  locating  said  roads  in  their  respective  counties, to-  s,one“  l.°  Pa^ 
gether  with  a  reasonable  compensation  to  the  surveyors, 
chain  carriers,  and  other  hands  necessarily  employed  in  said 
surveys.  ~ 

Sec.  17.  Sc  much  of  an  act,  entitled  An  act  to  locate  A  t  ealed 
certain  state  roads  therein  named,  approved  February  28,  11 

1837,  as  makes  Sha-ba-nees  Grove  a  point  in  said  location, 
be,  and  the  same  is  hereby  repealed.  This  act  to  take  ef¬ 
fect  and  be  in  force  from  and  after  its  passage. 

Approved,  2 1st  July,  1837. 


AN  ACT  for  a  State  Road  from  Bowling  Green,  in  Fayette  county,  via  Evv-  Jn  f0)Ce  2lst 
ington,  in  Effingham  county,  to  Newton,  in  Jasper  county,  and  for  other  pur-  July,  1837 
poses. 


Sec,  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  Guy  Beck,  of  Fay¬ 
ette  county,  William  Freeman,  of  Effingham  county,  and 
Abbot  Lee,  of  Jasper  county,  be  and  they  are  hereby  ap¬ 
pointed  commissioners  to  survey,  mark,  and  locate  a  state 
road  from  Bowling  Green,  in  Fayette  county,  through 
Ewington,  in  Effingham  county,  to  Newton,  in  Jasper 
county,  doing  as  little  injury  to  private  property  as  the 
public  good  will  permit. 

Sec.  2.  The  said  commissioners,  or  a  majority  of  them, 
shall  meet  at  Bowling  Green  on  the  first  Monday  in  Sep¬ 
tember  next,  or  as  soon  thereafter  as  practicable,  and  af¬ 
ter  being  duly  sworn  by  some  justice  of  the  peace  of  said 
county  of  Fayette,  faithfully  to  view  and  locate  said  road,, 
without  partiality  or  affection,  and  faithfully  to  discharge 
the  duties  required  of  them  by  this  act.  The  said  commis¬ 
sioners  shall  place  in  the  prairies  through  which  said  road' 
shall  pass,  stakes  of  reasonable  size  and  curable  timber, 
and  marks  on  the  trees  in  the  timber. 

Sec.  3.  As  soon  as  practicable  after  said  road  is  loca¬ 
ted,  said  commissioners,  or  a  majority  of  them,  shall  make 
out  a  report,  accompanied  by  a  map  or  plat  of  said  road, 
giving  the  courses  and  distances  from  point  to  point,  with' 
such  other  marks  of  certainty,  as  they  may  deem  necessa¬ 
ry;  and  shall  transmit  a  copy  of  said  report  and  plat  to  the 
county  commissioners’  court  of  each  county  through  which 
said  road  shall  pass,  which  shall  be  filed  in  their  respec¬ 
tive  offices;  and  each  county  shall  bear  her  proportional 
part  of  the  expense,  according  to  the  distance  said  road 


Commissioners 
appointed . 


Location  of 
road . 


Thne  &  place-, 
of  meeting. 


Shall  make  rap¬ 
port  with  map 
or  plat; 


Expense  of  lo¬ 
cation  of  roadv 
how  paid. 


so 


HOADS. 


may  pass  through  the  same,  to  be  allowed  by  the  county 
commissioners’  court  of  eachyiounty. 

When  road  is  Sec.  4*  When  said  road  is  located,  it  shall  and  is  hereby 
located  declared  a  public  state  road,  and  shall  be  opened  and  kept 

in  repair  as  other  state  roads  are  in  this  state. 

Sec.  5.  And  be  it  further  enacted ,  That  Philip  Luster,  of 
Coihrrtissioueis  Fayette  county,  and  Boswell  Drake  and  Robert  E.  Out¬ 
house,  of  Clinton  county,  be  and  they  are  hereby  appoint¬ 
ed  commissioners  to  view,  mark  and  locate,  a  state  road 
Road  from  ^rorn  Vandalia,  in  Fayette  county,  commencing  at  or  near 

V&ndalia  to  the  bluff  east  of  Vandalia,  on  the  national  road,  thence  to 

Carlyle.  Carlyle,  in  Clinton  county. 

Sec.  6.  The  said  commissioners,  or  a  majority  of  them, 

Where  to”  meet  meel  James  A1  tom’s  on  the  first  Monday  of  Octo- 
'  ber  next,  or  within  four  months  thereafter,  and  after  hav- 
T«  be  sworn  jng  been  sworn  by  some  justice  of  the  peace  faithfully  and 
impartially  to  discharge  the  duties  required  of  them  by 
this  act,  shall  proceed  to  view,  mark,  and  locate  said  road, 
on  a  direct  line  from  the  place  of  beginning,  to  Carlyle, 
on  the  most  eligible  ground,  keeping  in  view  the  interests 
of  the  public  good. 

Sec.  7.  Said  commissioners,  after  they  shall  have  done 
Map  of  road  to  said  work,  shall  make  out  a  plat  or  map  of  said  road,  giv- 
be  filed  with  jng  the  courses,  streams,  and  notable  places,  &c.;  to  be 
cieik  of  county  ^gpogj^ed  with  the  clerk  of  the  county  commissioners’ 
court,  in  the  several  counties  through  which  said  road 
shall  pass,  of  that  portion  being  and  lying  in  each  county, 
which  shall  be  recorded  at  length  in  the  books  of  said 
courts;  and  said  courts  shall  allow  said  commissioners  a 
Compensation  reasonable  compensation,  to  be  paid  out  of  their  county 
treasuries. 

Approved,  2lst  July,  1837. 


Iff  force  21st  AN  ACT  to  locate  certain  Roads  therein  named  . 

July,  1837. 


Commissi  oners 
appointed  to 
relocate  road 


Time  &  place 
of  meeting 


Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  Joshua  P.  Crow, 
Reddick  Horn,  and  Stephen  Lee,  are  hereby  appointed 
commissioners  to  review,  mark,  and  relocate  that  part  of 
the  state  road  leading  from  Springfield  to  Reardstown, 
which  lies  between  Archibald  Job’s,  and  William  Babb’s 
bridge:  said  commmissioners  shall  meet  at  Job’s,  at  any 
time  before  the  first  of  January  next,  and  being  first 
sworn  by  some  justice  of  the  peace,  shall  proceed  to  per¬ 
form  the  duties  herein  imposed  upon  them.  Said  commis- 


ROADS. 


Si 


sioners  shall  make  a  full  report  of  the  location  of  said  road?  To  make  report 
to  the  county  commissioners’ court  of  Cass  county;  and  ah 
ter  the  road  so  relocated  by  them  shall  be  opened,  the  for¬ 
mer  survey  of  the  part  of  said  road  so  relocated  shall  be 
vacated.  The  county  commissioners’ court  of  the  county  Road  vacated 
of  Cass,  shall  allow  to  said  commissioners  a  reasonable 
compensation  for  their  services  out  of  the  county  treasu-  Compensation 

Sec.  2.  That  Julius  Elmore,  of  Sangamon  county, 

Thomas  Boyce  and  J,  R.  Bennett,  of  Morgan  county,  be 
and  they  are  hereby  appointed  commissioners  to  view, 
mark  and  locate,  a  state  road,  commencing  at  a  mile  post  Place  of  com- 
south  of  Peter  Cartright’s  in  Sangamon  county,  thence  to  mencement 
Wiliam  Crow’s  in  Morgan  county,  running  as  near  as 
practicable  to  the  old  road  leading  from  one  point  to  the 
other,  and  there  intersect  the  road  Jaid  out  by  the  county 
commissioners’  court  of  Morgan  county,  leading  to  Prince¬ 
ton,  and  thence  west  with  said  survey  as  far  as  Stark 
Gilliams’,  thence  through,  the  settlement  of  Henry  Kelt- 
ner’s  timber,  thence  to  the  head  timber  of  Walnut  Grove, 
thence  to'New  Virginia. 

Sec.  3.  That  said  commissioners,  or  any  two  of  them,  Time  &  place 
shall  meet  at  the  house  of  Peter  Cartright,  in  Sangamon  meeting 
county,  on  the  second  Monday  in  August  next,  or  as  soon 
as  practicable  thereafter,  and  before  entering  on  the  dis¬ 
charge  of  their  duties,  shall  take  an  oath  before  some  jus¬ 
tice  of  the  peace  of  Sangamon  county,  faithfully  and  im¬ 
partially  to  observe  all  the  duties  enjoined  upon  them  by 
this  act,  shall  proceed  to  view,  mark,  and  locate  said  road, 
beginning  and  touching  the  points  as  named  in  section  se¬ 
cond. 

Sec.  4.  Said  commissioners  shall  cause  a  map  or  survey  Make  map,  & 
to  be  made  of  said  road,  to  be  filed  in  the  office  of  the  clerks  file  in  clerk’s 
of  the  county  commissioners’  courts  of  Sangamon  arid  Mor-°  1C0* 
gan;  and  the  county  commissioners’  courts'  of  each  county 
through  which  the  road  shall- pass,  shall  allow  the  said 
commissioners  such  compensation  for  their  services  as  shall 
be  just  and  reasonable,  in  proportion  to  the  services  ren¬ 
dered  in  each  county. 

Sec.  5.  Said  road  shall  be  opened  and  kept  in  repair  as 
other  state  roads  are;  and  shall  take  effect  and  be  in  force 
from  and  after  the  passage  of  this  act. 

Approved,  2ist  July,  1837. 


ROADS. 


S2 

la  force  21st 
July,  1837 

Commissioners 
appointed  to  al¬ 
ter  road. 


Time  and 
place  of  meet 
ing. 


Returns  shall 
be  filed. 


Compensation. 


In  force  21st 
July,  1837. 


AN  ACT  changing  a  certain  State  Road  in  Pike  county. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  Richard  Kerr,  Eli 
Hubbard,  [and]  William  Sapp,  of  Pike  county,  be  and  they 
are  hereby  appointed  commissioners  to  view,  alter,  and  re¬ 
locate  so  much  of  the  state  road  between  Carrollton  and 
Atlas  as  lies  between  Bay  Creek  Bridge,  and  the  house  of 
Richard  Kerr,  making  the  town  of  Fair  held  a  point 
through  which  said  road  shall  pass. 

Sec.  2.  Said  commissioners  shall  meet  at  the  town  of 
Fairfield,  in  said  county,  at  any  time  after  the  passage  of 
this  act,  and  before  the  twentieth  of  December  next,  and 
after  being  duly  sworn  by  some  justice  of  the  peace,  to 
discharge  their  duties  impartially,  shall  proceed  to  locate 
and  change  so  much  of  said  road  as  they  may  deem  con¬ 
ducive  to  the  public  good,  making  Fairfield  a  point  as 
aforesaid;  and  shall  mark  the  same  by  blazing  the  trees  in 
the  timber,  and  by  driving  stakes  in  the  prairie;  and  fur¬ 
ther,  to  make  a  complete  return  in  writing,  under  their 
hands,  and  czuse  the  same  to  be  filed  in  the  office  of  the 
clerk  of  the  county  commissioners’  court  within  twenty 
days  thereafter;  and  all  that  part  of  the  old  road  which 
may  be  changed  and  altered  by  the  provisions  of  this  act, 
shall  be  discontinued. 

Sec.  3.  The  commissioners  appointed  by  this  act  shall 
receive  a  reasonable  compensation  per  day  for  their  ser¬ 
vices,  to  be  paid  out  of  the  county  treasury,  by  order  of  the 
county  commissioners  of  Pike  county. 

Approved,  2lst  July,  1837. 


AN  ACT  declaring  a  certain  Road  in  McLean  county  a  State  Road. 

Sec.  1 .  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  the  county  road 
asat  present  located  from  W aynesville,  in  McLean  county, 
and  passing  through  Randolph's  Grove,  to  where  it  inter¬ 
sects  the  state  road  .leading  from  Decatur  to  Bloomington, 
near  Joseph  B.  Herbert’s  in  said  county,  is  hereby  declared 
a  state  road,  shall  be  opened  sixty  feet  wide,  and  kept  in 
repaip  as  other  state  roads  are. 

Approved,  July  2l,  1837. 


ROADS. 


f  AN  ACT  in  relation  to  certain  Public  Roads  therein  named.  In  force  21  st 

July,  1837 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  William  Warnick, 
of  Macon  county,  Ezekiel  S.  Young,  of  Sangaman  county, 
and  Sylvester  J.  Durbin,  of  Montgomery  county,  be,  and 
they  are  hereby  appointed  commissioners  to  view,  mark,  Commissioners 
and  locate  a  state  road  from  Decatur,  in  Macon  county, appomted 
via  Edinburg,  to  intersect  the  road  leading  from  Spring- 
field  to  Carlinville,  at  Harris’s  point  in  Macoupin  county,  in 
lieu  of  the  commissioners  appointed  for  that  purpose  by  ^oners^hamTd 
an  act,  entitled  “An  act  to  locate  a  state  road  from  Deca¬ 
tur,  in  Macon  county,  to  Carlinville,  in  Macoupin  county, 
via  Edinburg,  in  Sangamon  county,  approved  March  1st, 

1S37.5’ 

Sec.  2.  The  said  commissioners,  or  any  two  of  them, 
shall  comply  in  all  respects  with  the  provisions  of  the 
above  recited  act,  which  is  hereby  declared  in  full  force 
and  virtue,  except  in  the  change  of  .he  commissioners 
abovementioned,  and  may  perform  the  duties  hereby  as¬ 
signed  them  at  any  time  before  the  25th  day  of  December 
next. 

Sec.  3.  This  act  to  be  in  force  from  and  after  its  passage. 

Approved  2lst  Julv,  1837. 


AN  ACT  relating  to  certain  Roads  in  Fayette  and  Shelby  Counties'. 


In  force  22d 
July,  1837. 


Sec.  1.  Be  it  enacted  by  the  people  of  the  Stale  of  Illinois , 
represented  in  the  General  Assembly ,  That  John  J.  Page, 

Peter  Parker,  and  Jeremiah  Bauling,  of  the  county  of 
Shelby,  be,  and  they  are  hereby  appointed  commissioners  appointed °neiS 
to  view,  survey,  and  locate,  so  much  of  the  State  road  gtate  rcad 
leading  from  Shelbyville,  in  Shelby  county,  to  Vandalia, 
in  Fayette  county,  as  lies  between  the  center  of  section 
l3,  town  11  north,  range  3  east,  and  the  town  of  Shelby¬ 
ville. 

Sec.  2.  The  said  commissioners  shall  meet  in  the  town  Time  and 
of  Shelbyville,  on  or  before  the  25th  day  of  December  place  of  meet- 
next,  or  as  soon  thereafter  as  convenient,  and  after  being  in§ 
duly  sworn  by  some  justice  of  the  peace,  well  and  truly  to  Sha11  be  sworn 
perform  the  duties  above  required,  shall  proceed  to  survey 
and  locate  said  road,  as  required  by  this  act. 

Sec.  3.  The  said  road,  when  laid  out  as  aforesaid,  shall 
be  deemed  and  considered  a  state  road,  and  the  county 
con  missioners’  court  of  said  county  shall  appoint  supervi-  Sl1Pemsori 


84 


ROADS. 


1st  section  of 
act  amended 


sors  over  the  same,  and  cause  it  to  be  opened  and  kept  in 
repair  as  other  state  roads  are. 

Sec.  4.  The  commissioners  appointed  under  the  pro¬ 
visions  of  this  act,  shall  receive  a  just  and  fair  compensa- 
Compeusation  tion  for  the  time  they  are  necessarily  employed ;  and  they 
shall  employ  a  surveyor  and  chain-carriers,  who  shall  re¬ 
ceive  a  fair  compensation  for  their  services,  to  bevpaid  out 
of  said  county  treasury. 

Sec.  5.  That  the  first  section  of  an  act  to  locate  a 
road  from  Vandalia  to  Springfield,  be  so  amended  as  to 
require  the  commissioners  mentioned  in  said  section  to 
meet  on  the  first  Monday  in  October  next,  or  as  soon 
thereafter  as  practicable,  to  enter  upon  the  duties  required 
in  said  act;  and  that  in  the  survey  of  the  road  therein 
mentioned,  said  commissioners  begin  at  Vandalia,  and  pro¬ 
ceed  thence  to  Mount  Pleasant,  via  Edinburg  and  White- 
craft’s  mill,  to  Spiingfield,  on  the  best  and  most  suitable 
ground,  as  the  act  aforesaid  requires;  Provided ,  That  the 
county  of  Montgomery  shall  not  be  required  to  pay  any 
part  or  portion  of  the  expense  of  viewing,  surveying,  and 
locating  said  road. 

Sec.  6.  That  the  first  section  of  an  act  to  locate  a 
state  road  from  Hardy  Foster's,  in  Marion  county,  to 
Shelbyville,  in  Shelby  county,  be  so  amended  that  Heze- 
kiah  Thompson  and  Robert  A.  Holmes,  of  Fayette  coun- 

Commi'sioners  ty?  and  James  W.  Vaughn.,  of  Shelby  county,  be  the  com¬ 
missioners  to  view  and  survey  the  road  in  said  act  men- 

•/ 

tioned;  and  that  the  time  of  the  meeting  of  said  eommis- 


Proviso 


1st  section  of 
act  amended 


Time  of  meet-  sioners  be  extended  to  the  fifteenth  day  ol  September,  or 
mg  extended  as  soon  thereafter  as  practicable. 

Approved,  July  22d,  1837. 


.  1b  force  25d  AN  ACT  to  locate  a  State  Koad  from  Petersburg,  in  Sangamon  county,  to 
July,  1837.  Macomb,  in  McDonough  county,  and  forgather  purposes. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  o  f  Illinois , 
represented  in  the  General  Assembly ,  That  Pollard  Simons,  of 
Commissioners  Sangamon  county,  Clayton  M.  Montgomery,  of  Schuyler 
appointed  county, and  John  D. Walker,  ofMcDonough  county, Nathan 
Veach, of  Fulton  county,  be  and  they  arc  hereby  appointed 
commissioners  to  view,  mark,  and  locate  a  state  road  from 
Petersburg,  in  Sangamoq  county,  to  Macomb,  in  McDo¬ 
nough  county,  crossing  the  Illinois  river  at  Knight’s  ferry, 
thence  through  the  town  of  Montgomery,  in  Schuyler 
county. 


ROADS. 


m 


Sec.  2.  Said  commissioners,  or  a  majority  of  them,  T.me  ^  place 
shall  meet  at  Petersburg,  in  Sangamon  county,  on  the  ot  ineetjng 
first  Monday  in  September  next,  or  within  two  months 
thereafter,  and  having  been  duly  sworn  by  some  justice 
of  the  peace,  faithfully  to  perform  the  duties  required  of 
them  by  this  act,  shall  proceed  to  view,  mark,  and  locate 
a  state  road  on  the  route  aforesaid,  from  point  to  point, 
having  due  regard  to  the  public  convenience,  and  doing 
as  little  damage  to  private  property  as  possible. 

Sec.  3.  Said  commissioners  shall  mark  the  trees 
through  the  timber,  and  plant  stakes  through  the  prairies;  Map  of  survey 
and  shall,  as  soon  as  possible,  make  and  file  with  the  to  be  made 
clerks  of  the  commissioners’  courts  of  the  counties 
through  which  said  road  shall  pass,  a  map  of  the  survey 
and  location  of  so  much  of  said  road  as  lies  in  each  coun¬ 
ty  respectively,  indicating  thereon  the  points,  and  dis¬ 
tances  from  point  to  point;  and  thereafter  said  road  shall 
be  deemed  a  public  highway',  and  opened  and  kept  in  re¬ 
pair  as  other  state  roads  arc. 

Sec-  4.  The  county  commissioners’  courts  of  the  seve-  Compensation 
ral  counties  through  which  said  road  shall  pass,  shall  pay  t0  commiss’rs. 
a  reasonable  compensation  to  said  commissioners  and  all 
persons  necessarily  employed  by  them,  to  be  paid  by 
said  counties  in  proportion  to  the  distance  said  road, 
shall  run  in  each  of  them. 

Sec.  5.  That  the  county  road  from  Salem,  in  Marion  ]^adtJr£^eenI 
county,  via  Master's  ferry,  on  the  Kaskaskia  river,  to  vi]le 
Greenville,  in  Bond  county,  be  and  the  same  is  hereby 
declared  a  state  road. 

Sec.  6.  James  McAdams,  James  Burnsides,  and  Wil-  When  &  where 
liam  Burgiss,  or  a  majority  of  them,  shall  meet  at  Martin's  oin 
ferry,  in  Clinton  county, on  the  first  Wednesday  in  August 
next,  or  as  soon  thereafter  as  possible,  and  after  being 
duly  sworn  faithfully  to  perform  the  duties  required  of 
them,  shall  proceed  to  view,  mark,  and  locate  a  state  road 
from  Martin’s  ferry,  via  Stout’s  mill,  on  Shoal  creek,  so 
as  to  intersect  a  road  leading  from  the  Madison  county 
line,  via  Marine  town  and  Edwardsville,  to  Alton,  in  Mad¬ 
ison  county,  at  the  most  eligible  point;  which  road  so  loca¬ 
ted,  and  the  road  it  shall  intersect,  shall  be  a  state  road, 
andd  shall  be  kept  in  repair  as  other  state  roads  are.  Plat  to  be  made 

Sec.  7.  The  said  commissioners  shall,  as  soon  as  con¬ 
venient,  make  out  a  plat  of  said  road  so  located,  which 
plat  shall  be  recorded  in  the  county  courts  through  which  Compensation 
the  same  shall  pass;  and  the  said  commissioners  shall  be 
allowed  a  reasonable  compensation  from  their  respec¬ 
tive  county  treasuries  for  the  time  necessarily  employed 
in  said  service.  The  county  commissioners’ court  of  Mad¬ 
ison  county  be  and  it  is  hereby  authorized  and  empowered 


86 


SALINES. 


to  cause  to  be  reviewed  and  relocated  any  state  road  in 
said  county,  in  the  same  manner,  and  under  the  same  re¬ 
strictions  as  other  roads  in  said  county  may  be  reviewed 
Proviso.  and  relocated:  Provided ,  No  state  road  shall  be  altered 
or  changed  at  the  point  where  the  same  may  cross  the 
Further  proviso  6nc  of  said  county :  Provided ,  That  the  road  from  Benja¬ 
min  Johnson’s,  in  Bond  county,  by  John  Charter’s,  L.  S. 
Judd’s,  to  Anderson’s  bridge,  in  Madison  county,  be  ex¬ 
cepted]  from  the  operation  of  this  act. 

Approved,  22d  July,  L837. 


In  force  21st 
July,  1837 


AN  ACT  for  the  purposes  therein  mentioned. 


Preamble 


Whereas,  Tyler  D.  Hewett,  late  commissioner  of  the 
Gallatin  Saline  Lands,  died  without  having  settled  up  his 
accounts  as  such  commissioner,  and  the  same  remaining 
unadjusted  and  unsettled,  and  in  order  to  settle  the  ac¬ 
counts  aforesaid  without  delay,  Therefore, 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
Duty  of  Audi  -represented  in  the  General  Assembly ,  That  it  shall  be  the 
lor  duty  of  the  Auditor  of  Public  Accounts  to  institute  a  suit, 

in  the  Gallatin  circuit  court,  against  the  securities  of  the 
late  Tyler  D.  Hewett,  on  his  official  bond  as  commission¬ 
er  of  sales  of  saline  lands., 

?ttornef  to  coi1  ^ec.  That  the  circuit  attorney  for  the  third  judicial 
feet  money  C°  circuit  be  authorized  and  required  to  collect  any  money 
that  may  be  due  from  the  lessees  or  any  agent  of  the 
Gallatin  Salines,  and  pay  the  same  over  to  the  State  Trea¬ 
surer. 

Approved,  21st  July,  1837. 


In  force,  22d  AN  ACT  appropriating  the  residue  of  the  Vermilion  Saline  Lands  to  the 
July,  1837.  counties  of  Iroquois  and  Vermilion,  for  the  building  of  Bridges  across  the 
Iroquois  and  Vermilion  rivers. 

Sec.  1.  Be  it  enacted  by  the  people  oj  the  State  of  Illinois , 

-  represented  in  the  General  Assembly ,  That  all  the  residue  of 

Vermilion”  Sa-^he  unsold  lands  of  the  Vermilion  Saline  Reserve,  to- 
line  lieserve  gether  with  all  money  remaining  in  the  hands  of  the  re¬ 
ceiver  of  the  same,  not  otherwise  appropriated,  is  hereby 
appropriated  to  the  counties  of  Iroquois  and  Vermilion, 
Appropriations  f°r  the  purposes  of  building  a  bridge  aforesaid,  as  follows, 
to  Iroquois  ofto  wit:  To  the  county  of  Iroquois,  five  hundred  acres  of 
^  a5«s  t0  the  unsold  land,  the  proceeds  whereof  to  be  laid  out 


SCHOOLS. 


87 


xmder  the  superintendence  of  the  county  commissioners’ 
court,  to  the  building  a  bridge  across  the  Iroquois  river,. 

Sec.  2.  That  all  the  residue  of  the  said  land,  to- pr5dge  across 
gether  with  all  the  money  remaining  in  the  hands  of  the  Big  Vermilion 
receiver  of  the  said  saline  land,  shall  be  expended  by 
the  county  commissioners’  court,  on  the  bridge  across 
the  Big  Vermilion  river,  where  the  state  road  from  Vin¬ 
cennes  to  Chicago  crosses  the  same. 

This  act  to  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved,  22d  July,  1837. 


AN  ACT  to  incorporate  the  Illinois  Female  Institute. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illi¬ 
nois,  represented  in  the  General  Assembly ,  That  Samuel  Wi¬ 
ley,  James  T.  Simpson,  Samuel  Gordon,  Oliver  Bannis¬ 
ter,  Samuel  Nesbit, - Hays,  and  Ebenezer  Alexan¬ 

der,  and  their  successors  be  and  they  are  hereby  created 
a  body  politic  and  corporate,  to  be  styled  the  Trustees 
of  the  Illinois  Female  Institute;  and  in  that  name  to  re¬ 
main  in  perpetual  succession,  with  power  to  sue  and  be 
sued,  plead  and  be  impleaded;  to  acquire,  have,  and  con¬ 
vey  property,  real  and  personal;  to  have  and  use  a  com¬ 
mon  seal,  to  alter  the  same  at  pleasure;  to  make  and  alter 
from  time  to  time  such  by-laws  as  they  may  deem  neces¬ 
sary  for  the  government  of  said  institution,  its  officers, 
and  servants:  Provided ,  Such  by-laws  are  not  inconsistent 
with  the  constitution  and  laws  of  this  State  or  of  the  United 
States. 

Sec.  2.  For  the  managing  of  the  affairs  of  the  said 
institution  there  shall  be  chosen  from  among  the  subscri¬ 
bers  a  number  of  trustees  not  exceeding  seven;  and  the 
trustees,  so  chosen,  shall  have  power  to  till  such  vacancies 
in  their  own  body  as  may  happen  by  death,  resignation, 
or  otherwise,  and  shall  hold  the  property  of  said  institu¬ 
tion  solely  for  the  purposes  of  female  education,  and  not 
as  a  stock  for  the  individual  benetit  of  themselves,  or  of 
any  contributor  to  the  endowment  of  the  same;  and  no 
particular  religious  faith  shall  be  required  of  those  who 
become  trustees  or  students  of  the  institution. 

Sec.  3.  Said  institution  shall  remain  located  in  the 
Flat  Prairie,  in  the  county  Randolph;  and  the  trustees 
shall  be  competent  in  law  and  equity  to  take  to  themselves 
and  their  successors  in  office,  in  their  said  corporate  name, 


In  force  20th 
July,  1837. 


Body  politic  & 
corporate  cre¬ 
ated 

Name 

Powers 

Seal 

May  make  by* 
laws 


Number  of  true*? 
tees 

Power  to  fill 
vacancies 


Location  of 


SCHOOLS. 


and  convey 
lands,  6lc. 


Funds,  how 
applied 


Power  of  trus-  real,  personal,  or  mixed  estate,  by  gift,  grant,  bargain  and 
tiesto purchase  ga}e?  conveyance,  will,  devise,  or  bequest  of  any  person  or 
persons  whomsoever;  and  the  same  estate,  whether  real  or 
personal,  to  grant,  bargain,  sell,  and  convey,  demise,  let, 
place  out  at  interest,  or  otherwise  dispose  of  the  same  for 
the  use  of  the  said  institution  in  such  manner  as  to  them 
may  seem  most  beneficial  to  said  institution.  Said  trus¬ 
tees  shall  faithfully  apply  all  funds  collected,  or  the  proceeds 
of  the  property  belonging  to  said  institution,  according 
to  their  best  judgment,  in  erecting  and  completing  suita¬ 
ble  buildings,  supporting  the  necessary  officers,  instruct¬ 
ors,  and  servants,  and  procuring  books,  maps,  charts, 
globes,  philosophical  apparatus,  necessary  to  the  success 
of  said  institution:  Provided ,  nevertheless ,  That  in  case 
any  donation,  devise,  or  bequest  shall  be  made  for  parti¬ 
cular  purposes  accordant  with  the  design  of  the  institution, 
and  the  corporation  shall  accept  the  same,  every  such 
donation,  devise,  or  bequest  shall  be  applied  in  conform¬ 
ity  with  the  express  conditions  of  the  donor  or  devi¬ 
sor;  and  Provided  further,  That  said  corporation  shall  not 
Shall  not  hold  be  allowed  to  hold  more  than  three  hundred  and  twen- 
more  than  320  j-y  aares  0f  }an(j  at  any  0ne  time,  unless  the  said  corpora- 

afroc  at  V  1111  *11  I  '•  r  , 

tion  shall  have  received  the  same  by  gut,  grant,  or 
devise,  and  in  such  case  they  shall  be  required  to  sell  or 
dispose  of  the  same  within  three  years  from  the  time  they 
shall  acquire  such  title,  and  on  failure  to  do  so  said  land 
shall  revert  to  the  original  donor,  grantor,  devisor,  or  their 
heirs. 


acres  at  one 
time 


.  Sec.  4.  The  treasurer  of  the  institution  and  all  other 
bond.61*5  °6Ue  agents,  when  required,  before  entering  on  the  duties  of 
their  appointment,  shall  give  bonds  for  the  security  of 
the  corporation,  in  such  penal  sums,  and  with  such  secu¬ 
rities,  as  the  board  of  trustees  shall  approve.  And  all 
Process  how  processes  against  the  corporation  shall  be  by  summons,, 
served  and  the  service  of  the  same  shall  be  by  leaving  an  at¬ 

tested  copy  thereof  with  the  treasurer,  at  least  sixty  days 
before  the  return  thereof. 

Powers  of  trus-  &EC*  The  trustees  shall  have  power  to  employ  and 
tees  appoint  a  principal  for  said  institution,  and  all  such  in¬ 

structors  and  instructresses,  and  all  such  servants  as  may 
be  necessary;  and  shall  have  power  to  displace  any  or  either 
of  them,  as  they  may  deem  the  interest  of  the  institution 
requires;  to  fill  vacancies  which  may  happen  by  death, 

resignation,  or  otherwise,  among  said  officers  and  ser¬ 

vant;  and  to  prescribe  and  direc-t*  the  course  of  study 
to  be  pursued  in  said  institution. 

Sec.  6.  If  at  any  time  the  corporation  shall  act  con- 
Duty  of  At-  trary  to  the  provisions  of  this  act,  or  shall  in  any  manner 

tomey  Genera]  akUge  |qie  p0Wer3  herein  granted,  it  shall  be  the  duty  of 


STEAMBOATS. 


89 


the  Attorney  General  to  file  an  information  in  the  na¬ 
ture  of  a  quo  warranto ,  for  the  purpose  of  vacating  and 
annulling  this  act  and  the  powers  herein  granted. 
Approved,  20th  July,  1837. 


A  •  ■  ^ 

AN  ACT  to  repeal  an  act  in  relation  to  Schools  in  township  thirty-nine  North,  In  force  20th 

range  fourteen  East.  July,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  Act  repealed. 
represented  in  the  General  Assembly ,  That  an  act  relating  to 
schools  in  township  thirty-nine  north,  and  range  fourteen 
east,  is  hereby  repealed.  This  act  to  take  effect  from  and 
after  its  passage. 

Approved,  20th  July,  1837. 


AN  ACT  explanatory  of  the  act  to  amend  the  several  acts  in  relation  to 
Common  Schools,  approved  March  4th  t  1837. 


In  force  21st 
July,  1837. 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  third  section 
of  the  act  to  amend  the  several  acts  in  relation  to  common 
schools,  approved  March  4th,  1837,  shall  be  construed  to 
extend,  apply  to,  and  embrace  only  that  surplus  revenue 
which  is  added  to,  and  made  to  form  a  part  of  the  common 
school  fund,  by  the  provisions  of  the  first  section  of  the  act 
herein  recited. 

Approved,  2 1st  July,  1837. 


AN  ACT  to  preven  t  Disasters  on  Steamboats  navigating  the  Waters  within  In  force  21st 

the  jurisdiction  of  Illinois .  July,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  oj  Illinois , 
represented  in  the  General  Assembly ,  That  it  shall  be  the  du¬ 
ty  of  the  owners  of  steamboats  navigating  the  Mississippi,  Duty  of  owners 
Ohio,  Wabash,  Illinois,  and  other  rivers  and  1  akes  within  stear»boats 
the  jurisdiction  of  this  state,  to  have  a  competent  master, 
officers,  and  crew,  on  board,  and  to  have  a  substantial  and 
sufficient  engine,  boilers  or  boiler,  and  to  have  the  same 

M 


90 


STEAMBOATS, 


Duty  ofmasteirs 


at  all  times  in  good  and  safe  order  and  condition,  and  have 
the  vessel  supplied  with  all  necessary  boats,  tackle  and 
furniture,  and  in  every  respect  seaworthy.  In  ascending 
and  descending  navigation,  said  boats  shall  conform  to  the 
following  regulations:  The  descending  boat  shall  keep  the 
shore  or  bar  she  may  be  on,  until  the  ascending  boat 
passes;  and  when  both  boats  are  running,  the  descending 
boat  shall  keep  the  middle  of  the  channel,  or  in  the  deep- 
est  water,  and  in  ail  cases  where  it  is  practicable  leave 
room  for  the  descending  boat  to  pass  on  either  side. 

Sec.  2.  That  when  two  boats  shall  meet  in  a  eon- 
tracted  part  of  the  river,  or  in  any  narrow  or  intricate 
channel,  both  boats  shall  stop  their  engines,  or  work  them, 
very  slow,  until  they  pass  each  other;  and  in  the  nighttime 
the  descending  boat  shall  not  take  any  of  the  small  shoots, 
but  shall  keep  the  main  channel  in  order  to  avoid  the  as¬ 
cending  boats. 


Sec.  3.  That  it  shall  be  the  dutv  of  the  masters  and  of- 
ficers  of  all  steamboats  to  keep  their  vessels  at  all  times 
well  and  steady  trimmed,  and  particularly  in  coming  to 
and  departing  from  shore,  and  for  that  purpose  the  passen¬ 
gers  and  all  others  on  board  the  boat  shall  strictly  obey  the 
^a^trfaobe-  directions  of  the  master  or  officers  on  watch,  and  keep  the 
dienc^to  com-  place  and  position  they  may  direct,  and  under  such  pecu- 
mand  of  officers  njary  penalties  as  the  rules  and  regulations  of  the  boat  in 
on  board  that  behalf  shall  impose;  which  rules  and  regulations  shall 
be  constantly  kept  up  in  at  least  live  conspicuous  and  dif¬ 
ferent  parts  of  the  boat.  _  ■  * 

Sec.  4.  That  the  master  and  owners  shall  be  Several- 
Masters  and  j  anc[  iointiv  responsible  for  damages  which  any  person 

sibie.  may  sustain  by  the  neglect  or  refusal  to  comply  with  the 

requisitions  of  the  foregoing  sections.  And  moreover,  if 
any  loss  of  life  shall  ensue  from  any  such  neglect  and  re¬ 
refusal,  the  officers  on  watch,  and  conducting  the  boat  for 
the  time  being,  shall  be  deemed  guilty  of  the  crime  of 
Manslaughter  manslaughter,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  accordingly. 

Sec.  5.  That  it  shall  not  be  lawful  for  steamboats  to 
run  races  the  one  against  the  other;  and  the  owners  and 
Responsible  for  officers  severally  and  jointly  sh  ill  he  liable  and  responsi- 
damages.  hie  for  all  damages  which  any  one  may  sustain  from  any 
accident  or  casualty  which  may  happen  during  said  race. 
And  moreover,  in  ease  of  loss  of  life  or  lives  in  conse¬ 
quence  of  said  racing,  the  master  of  the  boat,  or  person  or 
personshaving  the  command  thereof  for  the  time  being,  shall 
be  deemed  guilty  of  a  high  crime  and  misdemeanor,  and 
upon  conviction  thereof  shall  be  liable  to  imprisonment 
in  the  penitentiary  of  the  state,  for  any  term  not  exceeding- 
ten  years. 


STEAMBOAT 


91 


Sec.  0.  That  in  landing  passengers  from  steamboats, 
the  master  shall  cause  the  vessel  to  be  brought  to  shore  Duty  of  master 
whenever  practicable  and  convenient,  and  especially  in 
cases  where  females  or  children  are  to  be  landed;  and 
henever  impracticable  or  decidedly  inconvenient  so  to  do, 
may  land  the  passengers  in  good,  sufficient  and  comforta¬ 
ble  boats,  to  be  at  all  times  kept  for  that  purpose,  and 
managed  by  a  sufficient  number  of  civil,  competent,  and 
careful  men;  and  during  the  time  of  disembarking  from 
the  steamboat  into  the  small  craft,  and  of  leaving  the  vessel, 
the  engine  shall  be  stopped  and  the  speed  of  the  vessel 
checked.  And  any  neglect  or  refusal  to  comply  with  any 
of  the  requirements  of  thissection  shall  subject  the  owners 
and  master  of  the  boat  to  the  payment  of  all  damages  that 
may  result  to  any  person  or  persons,  from  such  neglect  or 
refusal;  and  in  the  event  of  loss  of  life  thereby,  the  master 
or  other  officer  in  command  of  the  boat  for  the  time  being 
shall  be  deemed  to  be  guilty  of  a  high  misdemeanor,  and  on 
conviction  thereof,  shall  be  punished  as  provided  for  in  the 
foregoing  section  oi  this  act. 

Sec.  7.  It  shall  be  the  duty  of  the  master  and  officers 
of  any  steamboat  carrying  gunpowder  as  freight,  to  store  ^  ^ 
the  same  in  the  safest  part  of  the  vessel,  and  separate  and  guipow* 
apart  from  articles  liable  to  spontaneous  combustion,  and  der  is  on  board 
where  in  discharging  the  cargo  it  will  not  be  necessary  to 
carry  any  lighted  candle, lamp  or  flambeau;  and  all  boats 
carrying  gunpowder  as  freight  shall  have  printed  cards* 
stating  the  fact,  placed  in  the  cabin  and  in  other  conspicu¬ 
ous  parts  of  the  boat,  so  as  to  give  notice  to  the  passen¬ 
gers.  And  the  master  and  officers  failing  to  comply  with 
the  provisions  of  this  section,  shall  forfeit  one  hundred 
dollars  for  every  time  the  same  shall  be  so  neglected, 
which  may  be  recovered  by  action  of  debt,  by  and  for  the 
use  of  any  person  who  may  sue  for  the  same,  before  any 
-justice  of  the  peace  in  this  state;  and  shall  moreover  be 
liable  for  all  damages  which  may  happen  to  any  person 
by  reason  of  the  failure. 

Sec.  8.  It  shall  not  be  lawful  for  any  person  or  persons 
to  put  or  keep  any  gunpowder  on  any  steamboat  without 
first  giving  the  master  or  officers  notice  thereof;  and  any 
person  or  persons  so  offending  shall  be  liable  to  pay  a 
sum  of  one  hundred  dollars  to  and  for  the  use  of  any  per¬ 
son  who  may  sue  for  the  same,  in  an  action  of  debt  be¬ 
fore  any  justice  of  the  peace  in  this  state;  and  moreover, 
the  person  or  persons  so  offending  shall  be  liable  for  all 
damages  which  may  happen  to  any  person  thereby. 

Sec.  9.  That  copies  of  this  act  shall  be  printed  and 
put  in  frames,  and  kept  publicly  placed  in  the  cabin  and 


92 


TOWNS. 


Copies  of  this  steerage  of'  each  steamboat  navigating  the  Mississippi, 
act  to  be  put  up  Ohio,  Wabash,  Illinois,  and  other  rivers  and  lakes  within 
m  steamboats  jurisdiction  of  this  state;  and  a  failure  to  comply  with 
these  provisions  shall  subject  the  master  and  owners  to  a 
penalty  of  one  hundred  dollars  for  each  day  the  same 
shall  be  omitted,  to  be  recovered  in  an  action  of  debt  be¬ 
fore  any  justice  of  the  peace  by  and  for  the  use  of  any  per¬ 
son  who  may  sue  for  the  same. 

Sec.  10.  This  act  shall  be  deemed  a  public  act,  and 
This  act  deem- shall  take  effect  from  and  after  the  first  day  of  October 
ed  public  Rext,  and  the  Secretary  of  State  shall  cause  authenticated 
copies  thereof  to  be  published  in  one  of  the  newspapers 
published  in  each  of  the  cities  of  St.  Louis,  Louisville, 
and  Cincinnati,  and  cause  at  least  one  number  of  each  of 
said  newspapers,  containing  the  same,  to  be  filed  in  his 
office;  and  such  publication  shall  be  deemed  sufficient  no¬ 
tice  of  this  act,  to  all  masters,  officers,  and  owners  ofsteam- 
boats  who  may  come  within  its  provisions. 

Approved,  21  st  July,  1837. 


In  force  20th  AN  ACT  to  amend  fin  Act,  entitled  an  Act  to  extend  the  corporate  powers 
July,  1837.  of  t*ie  Town  of  Peoria,,  approved  February  21,  1837. 


Shall  negotiate 
loan  or  loans. 

Not”  to  exceed 
$50,000. 


Sec.  1.  Be  it  enacted  by  the  people  of  the  Stale  of  Illinois , 
represented  in  the  General  Assembly, 'That  in  addition  to  the 
powers  conferred  upon  the  board  of  trustees  of  the  town 
of  Peoria,  by  the  above  recited  act,  the  said  board  is  here¬ 
by  authorized  to  negotiate  a  loan  or  loans,  upon  the  faith 
and  credit  of  the  corporation,  of  any  sum  or  sums  of  mo¬ 
ney,  not  exceeding  in  the  whole  amount  fifty  thousand  dol¬ 
lars,  at  any  interest  not  exceeding  seven  per  cent,  per 
annum,  for  a  period  of  time  not  exceeding  fifteen  years, 
the  interest  and  principal,  payable  at  such  time  and  places, 
as  may  be  agreed  on  by  the  parties  to  the  loans;  and  the 
said  board  is  hereby  to  pledge  irrevocably,  all  or  any  part 
of  the  revenue  of  the  corporation,  and  all  or  any  part  of  its 
property  of  any  description  whatsoever,  for.  the  payment 
of  the  interest  upon  said  loan,  and  the  reimbursement  of 
the  principal  as  the  same  becomes  due  and  payable.  The 
said  board  shall  also  be  authorized  to  pledge  all  the  profits 
and  interest  which  may  accrue  from  thence  on  application 
of  the  money  borrowed,  for  the  aforesaid  purpose  of  pay¬ 
ing  the  interest  and  reimbursing  the  money  borrowed  as 
aforesaid. 

Sec.  2,  It  shall  be  deemed  a  good  execution  of  the 


towns. 


93 


power  to  borrow  on  the  part  of  the  said  board  ,  to  cause 
to  be  constituted  certificates  of  stock  for  the  said  loan,  to  Certificates  of 
be  called  the  “Peoria  Loan,”  to  be  signed  by  the  president 8tock- 
of  the  board,  ahd  countersigned  by  the  treasurer,  under 
the  seal  of  the  corporation,  and  to  cause  the  said  certifi¬ 
cates  of  stock  to  be  sold:  Providvd ,  That  no. stock  shall  Proviso, 
be  sold  for  less  than  its  par  value.  And  the  said  board  • 
are  authorized  to  take  and  use  all  proper  means  and  mea¬ 
sures  for  the  transferring  of  the  said  stock. 

Sec.  3.  The  money  borrowed,  under  the  provisions  of 
this  act,  or  such  part  thereof  as  may  be  deemed  proper, 
shall  be  vested  in  the  stock  of  the  “Peoria  Bridge  Compa¬ 
ny,”  so  as  to  enable  the  company  to  build  the  bridge  across  Bridge  across 
the  Illinois  river  at  Peoria;  and  if  the  whole  is  not  so  vested,  Illinois  river, 
the  remainder  may  be  applied  to  such  purposes  of  improve¬ 
ment  within  the  town,  as  may  be  deemed  best  calculated  to 
advance  the  interest  of  the  town.  There  is  hereby  allow- ¥xtension 

_  .....  .  .  n  i  -i  i  i  time. 

ed  two  years,  in  addition  to  the  time  allowed  by  the  char¬ 
ter  of  the  Peoria  bridge  company,  for  the  completion  of 
the  said  bridge. 

Approved,  20th  July,  1837. 


AN  ACT  to  vacate  certain  Town  Plats. 

f — 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  the  proprietors 
of  that  part  of  the  town  of  Cambridge,  in  the  county  of  Peo-  Cambridge, 
ria,  which  is  located  on  the  east  half  of  section  twenty 
four,  township  ten  north,  range  four  east  of  the  fourth 
principal  meridian,  or  that  part  of  it  of  which  Zacharia 
Philips  is  owner  and  proprietor,  be  authorized  and  empow-  piat  vacated 
ered  to  vacate  the  plat  and  survey  of  the  same:  Provided ,  Proviso 
the  consent  of  all  the  owners  of  lots  in  that  part  of  the  said 
town  of  Cambridge,  be  first  had  in  writing,  and  acknow¬ 
ledged  before  some  justice  of  the  peace,  and  recorded  in 
the  recorder’s  office  of  Peoria  county. 

Sec.  2.  That  the  proprietors  of  Manning,  Smith  and 
Higham’s  addition  to  the  town  of  Alton,  laid  off  and  plat-  Alton 
ted  August  20th,  1836,  on  sections  number  thirteen,  eigh¬ 
teen  and  nineteen,  in  township  number  five  north,  ranges 
number  nine  and  ten  west  of  the  third  principal  meridian, 
in  Madison  county,  and  the  owners  of  lots  therein,  be  and  proprietors  of, 
they  are  hereby  authorized  and  empowered  to  alter,  may  change 
change,  or  vacate,  the  survey  and  plat  of  said  addition,  Plat  of 
with  the  exception  of  Long,  Milton,  and  Washington  Exception 


nr  • 


In  force  20th 
July,  1837. 


94 


TOWNS. 


streets:  Provided ,  The  consent  of  all  the  owners  and  pro¬ 
prietors  aforesaid,  shall  be  first  had  in  writing,  which  shall 
be  acknowledged  in  the  same  manner  as  deeds  of  convey¬ 
ance,  and  recorded  in  the  recorder’s  office  in  said  county 
of  Madison. 

Approved,  20th  July,  1837. 


In  force  July  AN  ACT  to  change  the  name  of  the  Town  of  Contrevilie. 

20th,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  name  of  the 
town  of  Centreville,  in  the  county  of  Schuyler,  be  and  the 
same  is  hereby  changed  to  the  name  of  Ripley,  and  by  that 
name  it  shall  hereafter  be  known  and  called. 

Sec.  2.  This  act  to  take  effect  from  and  after  its  pas¬ 
sage. 

Approved,  20th  July,  1837. 


In  force  20th  AN  ACT  to  extend  the  corporate  powers  of  the  President  and  Trustees  of  the 
July,  1837.  Town  of  Springfield. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  president 
and  trustees  of  the  town  of  Springfield,  in  the  county  of 
Sangamon,  and  state  aforesaid,  and  their  successors  in  of- 
^we^soTVus  hce? or  a majority  of  them,  shall  hereafter  have  authority, 
tees.eiS°  US*in  addition  to  the  powers  conferred  upon  them  by  an  act 
entitled  “an  act  to  incorporate  the  inhabitants  of  such 
towns  as  may  wish  fo  be  incorporated,”  approved  February, 
1 2th,  1831,  to  extend  the  boundaries  of  said  town,  one  half 
mile  in  each  direction  beyond  its  present  limits,  and  to 
open,  widen  and  extend,  the  streets  and  alleys  of  the  same, 
and  to  levy  and  collect,  annually,  a  taxon  all  the  real  estate 
in  said  town  as  extended,  not  exceeding  four  per  cent,  per 
annum,  on  the  assessed  value  thereof,  and  to  borrow 
money:  Provided ,  That  at  no  time  shall  the  amount  so  bor- 
rowed  exceed  one  hundred  thousand  dollars. 

Sec.  2.  All  moneys  arising  from  the  collection  of  taxes, 
Moneys,  how  or  from  the  loan  or  loans  above  authorized,  shall  be  appro- 
appiopnate  priated  by  the  said  president  and  trustees,  and  their  suc¬ 
cessors,  in  such  manner  as  in  their  opinion  will  best  promote 
the  interests  of  said  town. 


TOWNS. 


05 


Sec.  3.  The  said  president  and  trustees  shall  have  pow¬ 
er  to  enforce  their  ordinances,  by  authorizing  the  collec¬ 
tion  of  taxes,  to  sell  any  town  lot  or  parcel  of  ground,  with¬ 
in  the  limits  of  said  town,  or  so  much  as  will  pay  the  tax 
due  and  in  arrear  from  the  owner  thereof,  in  such  man¬ 
ner  as  is  now  authorized  under  the  act  approved  I2th,  1 831, 
aforesaid. 

Sec.  4.  That  when  any  street  is  opened,  widened,  or  ff  streets  ate 
extended,  the  president  and  trustees  shall  make  the  per-  holders  to  be®" 
son  or  persons  injured  thereby  compensation,  to  ascertain  summoned 
which  they  shall  cause  to  be  summoned  twelve  good  and 
lawful  men,  freeholders  and  inhabitants  of  said  town,  not 
directly  interested,  who  being  first  duly  sworn  for  that, 
purpose,  shall  enquire  into,  and  take  into  consideration 
as  well  the  benefit  as  the  injury  which  may  accrue,  and  es¬ 
timate  and  assess  thedamage  sustained  by  reason  thereof; 
and  shall  moreover  estimate  the  amount  which  other  per¬ 
sons  will  be  benefitted  thereby,  all  of  which  shall  be  re-* 
turned  to  the  board  under  their  hands  and  seals;  and  the  Returns  made 
persons  so  benefitted  and  assessed  shall  pay  the  same,  in  t0  the  board 
such  manner  as  shall  be  provided,  and  the  residue,  if  any, 
shall  be  paid  into  the  town  treasury. 

t-  Sec.  5.  That  upon  the  application  of  the  owners  of  If  owners  ap, 

two-thirds  of  the  lots  on  any  street  or  part  of  a  street,  it  P,y 

shall  be  lawful  for  the  president  and  trustees  to  levy  and 

collect  a  special  tax,  on  the  owners  of  the  lots  on  said 

street  or  parts  of  a  street,  according  to  their  respective 

fronts,  for  the  purpose  of  grading  and  paving  the  streets 

and  side  walks  in  front  thereof. 

Sec.  6.  This  act  to  take  effect  from  and  after  its  pas* 
sage. 

Approved,  20th  July,  1837, 


AN  ACT  legalizing  the  Incorporation  of  the  Town  of  Beardstown.  In  force  21st* 

July,  1837. 

Whereas,  Doubts  are  entertained  as  to  the  legality  of  Preamble 
the  incorporation  of  the  town  of  Beardstown,  in  Cass 
county , now,  thererefore,  to  remove  all  doubts, 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  town  of  Beards¬ 
town,  in  the  county  of  Cass,  is  hereby  declared  to  be  regu¬ 
larly  incorporated  under  the  act  in  titled  An  act  to  incorpo¬ 
rate  such  towns  as  may  wish  to  be  incorporated,  approved 
March  1st,  1831 ;  and  the  corporation  of  said  town  shall  be 


96 


TOWNS, 


entitled  to  exercise  and  maintain  all  the  powers  and  privi¬ 
leges  therein  granted  to  the  trustees  of  incoporated  towns 
under  said  act. 

Sec.  2.  The  trustees  of  said  town,  and  those  hereaftei* 
to  be  elected,  shall  have  full  power  and  authority  to  levy 
and  collect  a  tax  on  all  the  real  estate  in  said  town,  (valu¬ 
ation  of  the  same  being  made  without  regard  to  the  im¬ 
provements  thereon,)  not  exceeding  six  per  centum  per 
annum,  for  the  purpose  of  raising  the  sum  of  ten  thousand 
dollars  directed  to  be  raised  by  virtue  of  an  act  approved 
March  3,  1837,  far  the  formation  of  the  county  of  Cass. 

Sec.  3.  All  acts,  orders,  records,  by-laws,  and  ordi¬ 
nances,  made  and  passed  by  the  trustees  of  the  town  of 
Beardstown,  under  the  provisions  of  said  act  of  incorpora¬ 
tion,  shall  be  considered  valid  and  binding  in  law  until 
changed  by  the  board  of  trustees  of  said  town. 

Approved,  2 1st  July,  1837. 


In  force  21st  AN  ACT  to  incorporate  the  town  of  Ottawa,  and  for  other  purposes. 

July,  1 837-.  _  '•  f  '  ;  :/ 

Residentsincor-  Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
porated  body  represented  in  the  General  Assembly ,  That  the  resident  inhab- 
polate  an  l  C°l"  itants  of  the  town  of  Ottawa,  in  Lasalle  county,  are  here¬ 
by  constituted  a  body  politic  and  corporate,  to  be  known 
by  the  name  of  the  President  and  Trustees  of  the  Town  of 
Ottawa;  and  by  that  name  shall  be  known  in  law,  and  have 
perpetual  succession,  may  sue  and  be  sued,  implead  and 
be  impleaded,  defend  and  be  defended  in  courts  of  law 
and  equity,  and  in  all  actions  and  matters  whatsoever, 
may  grant,  purchase,  receive,  and  hold  real  and  personal 
property  within  the  limits  of  said  town,  and  no  other,  (bu¬ 
rial  grounds  excepted;)  may  lease,  sell, and  convey  the  same 
for  the  benefit  of  said  town.  They  shall  have  power  to 
jPower  to  lease  lease  any  lands  that  now  are  or  which  may  hereafter  be 
lands.  reserved  and  appropriated  to  the  use  of  said  town,  and  to 

do  all  other  lawful  acts  as  natural  persons;  may  have  a 
common  seal,  and  break  and  alter  the  same  at  pleasure. 

Sec.  2.  That  all  that  district  of  country  contained  in 
“r^sec*on  eleven?  the  south  half  of  section  two,  the  north 
tawa.  half  of  section  fourteen,  the  west  half  of  section  twelve, 

the  northwest  quarter  of  section  thirteen,  the  southwest 
quarter  of  section  one,  the  southeast  quarter  of  section 
ten,  and  the  west  half  of  the  northeast  quarter  of  sec¬ 
tion  twelve, in  township  thirty-three  north,  of  range  three 
east,  of  the  third  principal  meridian,  together  with  ail 
additions  that  are  now  laid  out  beyond  the  above  de^ 


Towns. 


137 


scribed  limit*,  and  recorded  as  additions  to  said  town,  is 
hereby  declared  to  be  within  the  limits  or  boundaries  of  the 
town  of  Ottawa. 

Sec.  3.  That  this  incorporation  shall  be  divided  mt° 
three  wards,  to  wit:  all  that  part  which  lies  north  of  the  Il¬ 
linois  river,  and  west  of  Fox  river,  shall  constitute  the  fiist  First  ward, 
ward;  all  that  part  which  lies  south  of  the  Illinois  river, 
shall  constitute  the  second  ward;  and  all  that  part  which  Second  ward, 
lies  north  of  the  Illinois  river  and  east  of  Fox  river,  shall 
constitute  the  third  ward;  and  the  taxes  collected  for  pub-  Tnud  waid’ 
lie  improvements,  within  the  said  respective  wards,  shall  be 
expended  under  the  direction  of  the  board  of  trustees  for 
improvements  within  their  respective  wards  in  which  they 
are  raised. 

Sec.  4.  The  corporate  powers  and  duties  of  said  town  Powers  vested 
shall  be  vested  in  seven  trustees,  who  shall  form  a  board  in  seven  trus* 
for  the  transaction  of  business;  three  of  whom  shall  reside  tees* 
in  the  first  ward,  three  in  the  second  ward,  and  one  in  the 
third  ward,  until  said  third  ward  shall  contain  twenty-five 
voters,  from  and  after  which  time  there  shall  be  elected  from 
the  residents  of  said  ward  three  trustees;  and  the  corporate 
powers  and  duties  of  said  town  shall  then  and  thereafter  be 
vested  in  nine  trustees  instead  of  seven,  but  all  elections  for 
trustees  in  said  town  shall  be  by  general  ticket.  „  . 

Sec.  5.  The  trustees  shall  be  elected  annually,  on  the  Trusteeg  when 
first  Monday  in  September,  by  the  persons  residing  in  said  elected, 
town  qualified  to  vote  as  hereinafter  mentioned^  to  serve 
for  one  year,  and  until  their  successors  are  elected  and 
qualified;  they  shall  be  citizens  of  the  United  States,  twen¬ 
ty-one  years  of  age,  shall  possess  a  freehold  estate  within 
the  limits  of  said  corporation,  and  shall  have  resided  in  said 
town  one  year  next  preceding  the  election. 

Sec.  6.  That  the  board  of  trustees  shall  appoint  their  power  t0  ap. 
president  from  their  own  body,  shall  appoint  all  other  offi-  point  all  officers 
cers  of  their  board,  and  shall  be  the  judges  of  the  qualifica¬ 
tions,  elections,  and  returns  of  their  own  members;  a  majori¬ 
ty  shall  constitute  a  board  to  do  business,  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may  compel  the 
attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  the  board  may  provide;  they  may  deter¬ 
mine  the  rules  of  proceeding,  punish  their  members  for 
disorderly  conduct,  and  by  a  vote  of  two-thirds  of  the  whole 
number  elected,  expel  a  member;  and  make  such  other 
rules  and  regulations  for  their  own  government  as  to  them 
may  seem  proper  and  expedient. 

Sec.  7.  No  person  shall  vote  for  trustees  of  said  town  Who"shaii_  not 
unless  lie  be  qualified  to  vote  for  representatives  to  the  'ote* 
General  Assembly,  and  shall  moreover  (after  the  first  gen¬ 
eral  election)  have  paid  a  corporation  tax,  or  shall  have 

N  ■' 


m 


TOWNS* 


Power 
lect  taxes. 


Night  watches. 


bona  fide  owned  a  freehold  within  the  corporate  limits  of 
said  town  for  at  least  three  months  next  preceding  the 
election  at  which  he  offers  his  vote, 
to  cc.i-  8.  That  the  board  of  trustees  shall  have  power  to 

levy  and  collect  taxes  upon  all  real  estate  and  personal  pro¬ 
perty  within  the  town,  not  exceeding  one  per  centum  upon 
the  assessed  value  thereof;  to  make  regulations  to  secure 
the  general  health  of  the  inhabitants;  to  prevent  and  re¬ 
move  nuisances;  to  establish  night  watches;  to  erect  lamps 
in  the  streets  and  light  the  same;  to  regulate  and  license 
ferries,  and  erect  and  keep  in  repair  bridges,  and  regulate  the 
tolls  thereof  within  the  limits  of  said  town;  to  improve  and 
preserve  the  navigation  of  the  Illinois  and  Fox  rivers  be¬ 
low  and  within  the  limits  of  the  corporation;  te  restrain 
and  prohibit  shooting,  horse-racing,  houses  of  ill  fame,  gam¬ 
ing  and  other  disorderly  houses;  to  provide  for  licensing, 
taxing,  and  regulating  or  prohibiting  billiard  tables,  the- 
atrical  and  other  shows,  or  other  amusements;  to  regulate 
and  license  merchants,  inn  keepers,  groceries,  auctions 
and  pediers;  to  establish  and  regulate  markets,  and  erect 
market  houses:  to  borrow  money;  to  regulate,  grade,  pave, 
improve,  open,  extend,  widen,  and  keep  in  repair  streets, 
side  walks,  avenues,  lanes,  alleys,  drains,  and  sewers,  to 
keep  the  same  clean  and  free  from  incumbrances;  to  pro¬ 
vide  for  the  preservation  and  extinguishment  of  fires,  by 
establishing  and  regulating  a  fire  department;  to  dig  wells 
and  erect  pumps  on  the  streets  for  the  convenience  of  the 
inhabitants,  or  construct  aqueducts;  to  supply  the  town  with 
Storage  of  gun  water ;  to  regulate  the  storage  of  gunpowder,  and  all  other 
powder.  combustible  materials;  to  establish  and  enforce  quarantine 
law;  to  regulate  the  police  of  the  town;  to  regulate  theclec- 
h,  -  tiomof  the  town  officers,  and  to  fix  their  compensation;  and 

Ration  of  officers  lrom  time  to  time  to  pass  such  ordinances  to  carry  into  ef¬ 
fect  the  ordinances  of  this  act,  and  the  powers  hereby 
granted,  as  the  good  of  the  citizens  may  require;  and  to  im¬ 
pose  fines  and  forfeitures  for  the  breach  of  any  ordinance, 
and  to  provide  for  the  collection  of  the  same. 

Special  tax  how  Sec.  9.*  That  upon  the  application  of  the  resident  own- 
eoiiected.  ers  of  two-thirds  of  the  real 'estate  belonging  to  the  resi¬ 
dents  on  any  street  or  parts  of  a  street,  it  shall  be  lawful  for 
the  board  of  trustees  to  levy  and  collect  a  special  tax  on  all 
the  lots  on  said  street,  or  parts  of  a  street,  according  to  their 
respective  fronts,  for  the  purpose  of  grading  or  paving  the 
side  walks  on  said  street  or  parts  of  a  street. 

Persons  injured  ;§EC.  JO.  That  the  board  of  trustees  shall  make  ade- 
how  compen-  .  , 

quate  compensation  to  any  person  or  persons  who  may  be 

injured  by  opening,  .widening,  extending  or  improving,  any 

street,  lane,  alley,  avenue,  or  side  walk,  within  the  limits  of 

the  town,  under  the  provisions  of  this  act;  to  ascertain 


sated. 


TOWNS. 


99 


which  the  board  shall  cause  to  be  summoned  twelve  good 
and  lawful  men,  freeholders  .and  inhabitants  of  said  town, 
not  directly  interested,  who,  after  being  duly  sworn  for  that 
purpose,  shall  enquire  into  and  take  into  consideration  as 
well  the  benefits  as  the  injury  which  may  accrue  to  the 
party,  and  estimate  and  assess  the  damages  which  would 
be  sustained  by  reason  of  the  opening, extension,  widening, 
grading  or  improving  of  any  street,  avenue,  lane,  alley  or 
sidewalk;  and  shall,  moreover,  estimate  the  amount  which 
other  persons  will  be  benefitted  thereby,  and  shall  contribute 
towards  compensating  the  persons  injured;  all  of  which 
they  shall  return  to  the  board  of  trustees, under  their  hands 
and  seals,  and  the  person  or  persons  who  shall  be  benefit¬ 
ted  and  so  assessed  shall  pay  the  same  in  such  manner  as 
Shall  be  provided,  and  the  residue,  if  any,  shall  be  paid  out 
of  the  town  treasury. 

Sec.  1 1.  All  ordinances  shall  be  published,  and  posted  Ordinances  to 
in  three  of  the  most  public  places  in  said  town,  within  ten  be  Pub],fehed* 
days  after  they  are  passed,  and  if  there  be  a  newspaper  in 
the  town  shall  also  be  published  therein,  within  said  ten 
days. 

Sec.  12.  That  when  any  real  estate  in  said  town  shall  Lots  sold  may 
have  been  sold  by  the  authority  of  the  corporation, for  non  be  iedeemed* 
payment  of  any  tax  that  may  have  been  levied  upon  the 
same,  the  same  shall  be  subject  to  redemption  by  the  owner 
or  owners  thereof,  his,  her  or  theiragent  or  agents,  within 
one  year  after  the  same  shall  have  been  sold,  on  paying 
to  the  treasurer  of  the  board  of  trustees  of  said  town,  for 
the  use  of  the  purchaseror  purchasers, double  the  amount  of 
taxes  for  which  the  same  was  sold,  together  with  cost  for 
selling  the  same;  and  if  not  redeemed  by  the  owner  or 
owners,  then  the  same  shall  be  subject  to  redemption  by 
any  judgment  creditor,  his,  her  or  their  agent,  within  fifteen 
months  after  the  same  shall  have  been  sold,  on  paying  as 
above  specified;  but,  should  the  said  lots  or  part  of  lots,  or 
real  estate,  so  sold  for  the  non  payment  of  taxes  as  aforesaid, 
not  be  redeemed  within  the  time  specified,  then,  and  in 
that  event,  it  shall  be  the  duty  of  the  president  of  the  board 
of  trustees  of  said  town,  to  execute  a  deed  with  special 
warranty,  signed  by  the  president  and  countersigned  by 
the  clerk  thereof. 

Sec.  13.  It  shall  be  the  duty  of  the  board  of  trustees  to  I)uty°*f’truslses 
cause  to  be  paid  to  the  owner  or  owners  of  lots  or  real  es¬ 
tate  all  moneys  which  may  have  been  paid  to  the  treasurer 
by  them,  over  and  above  the  amount  of  the  taxes  for 
which  they  were  sold,  and  the  cost  of  selling  the  same. 

Sec.  14.  The  officers  of  said  board  of  trustees,  (in  addi-  Officers  of 
tion  to  the  president,)  shall  consist  of  one  clerk,  one  trea-  board, 
surer,  one  assessor  and  collector  of  taxes,  one  surveyor,. 


TOWNS. 


two  street  commissioners,  two  measurers  of  wood  and 
weighers  of  grain,  and  such  other  officers  as  the  trus¬ 
tees  may  deem  necessary  for  the  good  of  said  town. 

Sec.  15.  That  the  president  and  trustees  of  said  town 
shall, whenever  they  may  deem  it  necessary,  order  the  for¬ 
mation  office  engine  companies,  and  fire  hook  and'  ladder 
companies.  The  fire  engine  companies  to  contain  each, 
from  fifteen  to  thirty  able  bodied  men  of  between  the  ages 
of  eighteen  and  fifty  years,  and  no  more.  The  fire  hook 
and  ladder  companies,  to  contain  each  from  ten  to  twenty 
able  bodied  men  and  no  more;  which  companies  shall  be 
formed  by  voluntary  enlistment,  and  shall  be  officered  and 
governed  by  their  own  by-laws;  every  member  of  said 
companies  shall  be  exempt  from  military  duty,  and  from 
serving  as  jurors;  and  whenever  a  member  of  said  compa¬ 
nies  shall  have  served  twelve  years  he  shall  receive  a  dis¬ 
charge  from  the  incorporation, signed  by  the  president,  and 
shall  forever  thereafter  be  exempted  from  further  jury  or 
military  duty,  except  in  case  of  insurrection  or  invasion. 

Sec.  16.  That  every  officer  of  said  corporation  shall, 
before  entering  upon  the  duty  of  his  office,  take  an  oath  or 
affirmation  before  some  judge  or  justice  of  the  peace,  to 
support  the  constitution  of  the  United  States  and  of  this 
state,  and  faithfully  to  discharge  the  duties  of  his  office. 

Sec.  17.  That  the  foregoing  provisions  of  this  act  shall 
take  effect  so  soon  as  they  shall  have  been  accepted  by  the 
inhabitants  of  said  town,  and  not  before,  in  manner  follow¬ 
ing,  to  wit:  an  election  shall  be  held  at  the  court  house  in 
said  town,  on  the  first  Monday  in  September  next,  to  be 
conducted  by  any  two  or  more  of  the  then'resident  justices  of 
said  town,  or  judges  of  the  election,  (and  it  is  hereby  made 
the  duty  of  said  justices  either  to  serve  asjudges  at  said  elec¬ 
tion,  or  to  appoint  three  competent  persons  residents  of  said 
town  to  serve  in  their  stead,)  at  which  all  persons  qualified 
to  vote  for  representatives  to  the  General  Assembly,  shall 
be  entitled  to  vote  either  for  or  against  this  charter,  and  if 
a  majority  of  all  the  votes  given  be  for  the  charter,  then  the 
said  judges  shall  determine  the  time  and  place  of  holding 
the  first  general  election,  which  shall  not  be  more  than 
fourteen  days,  nor  less  than  seven,  after  the  acceptance  of 
the  charter,  and  shall  publish  notice  thereof  for  at  least  four 
days  before  the  day  appointed  for  such  election;]  at  which 
election  it  shall  be  the  duty  ol  two  or  more  of  said  justices 
to  serve  as  judges  or  to  appoint  others  to  serve  in  their 
stead,  as  herein  before  directed;  but  if  the  charter  shall  not 
be  accepted  as  aforesaid,  then  any  two  of  the  resident  jus¬ 
tices  of  the  peace  in  said  town  may,  from  time  to  time,  when¬ 
ever  they  shall  be  petitioned  to  that  effect  by  a  majority  of 
the  householders  residing  in  said  town  and  corporation, 


TOWNS. 


101 


cause  an  election  to  be  held  as  aforesaid,  until  the  charter 
shall  be  accepted  as  aforesaid;  they  shall  then  proceed  as 
hereinbefore  provided  ^  and  the  tuistees  who  shall  be  elect¬ 
ed  at  the  first  general  election,  shall  continue  in  office  till 
the  day  hereinbefore  designated  for  the  annual  election  of 
trustees  and  until  their  successors  are  elected  and  quali¬ 
fied. 

Approved,  July  21st,  1837. 


Part  of  act  re**, 
pealed 


Corporate  lim¬ 
its  to  be  limiced 
by  trustees  of 
town 


AN  ACT  to  amend  an  act,  entitled  an  Act  to  incorporate  tire  Town  of  Car-  In  force,  21st 

linville,  approved  March  4,  1837.  J li Jy ,  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  so  much  of  an 
act,  entitled  “An  act  to  incorporate  the  town  of  Carlin- 
ville,”  approved  March  4,  1837,  as  declares  that  the  cor¬ 
porate  limits  of  said  town  shall  extend  a  half  mile  north, 
east,  west  from  the  centre  of  the  public  square,  and 
south  to  the  prescribed  limits  of  the  town  plat,  as  recorded 
in  the  county  of  Macoupin,  be,  and  the  same  is  hereby 
repealed. 

Sec.  2.  The  corporate  limits  of  the  town  of  Carlinville 
shall  hereafter  be  prescribed  and  fixed  by  the  trustees  of 
said  town,  in  such  manner  as  to  include  the  original  plat  of 
said  town  and  such  additions  thereto  as  have  or  shall  be 
made  hereafter  to  the  same,  but  shall  not  include  any  lands 
not  laid  off  into  town  lots. 

Sec.  3.  That  the  inhabitants  of  the  town  of  Franklin, 
in  the  county  of  Morgan,  are  hereby  authorized  and  em¬ 
powered  to  become  incorporated  in  the  manner  and  upon 
the  terms  prescribed  in  the  act  entitled  “an  act  to  incor¬ 
porate  the  inhabitants  of  such  towns  as  may  wish  to  be 
incorporated,”  approved  February  12, 1831,  notwithstand¬ 
ing  there  may  not  be  one  .hundred  and  fifty  inhabitants  in 
said  town;  and  upon  complying  with  the  provisions  of  the 
act  aforesaid  the  inhabitants  of  the  said  town,  and  the 
president  and  trustees  thereof  when  elected,  shall  have, 
exercise,  and  enjoy  all  the  rights,  privileges,  and  powers 
granted  and  conferred  by  the  act  above  recited,  and  the 
several  acts  amendatorv  of  the  act  aforesaid. 

-This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  2lst  July,  1837. 


Town  of  Frank¬ 
lin  may  be  in¬ 
corporated 


May  have  all 
privileges  of  act 


103 


TOWNS. 


In  force  July  AN  ACT  to  alter  the  town  plat  of  Geneva,  and  for  other  purposes. 

21 , 1837. 

Sec.  1.  Be  il  enacted  by  the  people  of  the  Slate  of  Illinois, 
represented  in  the  General  Assembly ,  That  the  proprietors  of 
the  town  of  Geneva,  Kane  county,  and  the  owners  of  lots 
Proprietors  of  therein,  he,  and  they  are  hereby  authorized  and  empow- 
cate1  laT7  V&'  er°d  a1lteib  change,  or  vacate  the  survey  and  plat  of  said 
Proviso  town;  Provided ,  The  consent  of  all  the  proprietors,  and 
owners  aforesaid  shall  be  first  had  in  writing,  which  shall 
be  acknowledged  before  some  justice  of  the  peace  of  the 
county,  and  recorded  in  the  recorder’s  office  of  the  county 
of  Kane. 


May  build  mill 
dam 

Proviso 

r  ,■ 


Name  of  town 
t>f  Winchester 

C: 

phanged 


Sec.  2.  That  R.  J.  Hamilton,  James  M.  Strode,  James 
Herrington,  and  their  associates,  be,  and  they  are  hereby 
authorized  to  construct  a  mill  dam  across  Fox  river  at  the 
town  of  Geneva;  Provided ,  however ,  said  grant  shall  not  be 
so  construed  as  to  prevent  the  state  from  improving  said 
Fox  river  by  dams  and  locks, at  any  time  hereafter,  for  the 
purpose  of  slack  water  navigation. 

Sec.  3.  That  the  name  of  the  town  of  Winchester,  in 
the  county  of  Will,  be,  and  it  is  hereby  changed  to  the 
name  of  Wilmington,  and  by  that  name  the  aforesaid  town 
shall  be  hereafter  known  and  designated. 

Sec.  4.  All  bonds  and  other  contracts  made  and 


All  b  i-  entered  into  of  and  concerning  the  said  town  of  Wiuches- 
Stiii  binding  c‘ ter,  and  all  muniments  of  title  of  and  concerning  the  said 
town  of  Winchester, shall  apply  and  be  as  binding  as  if  the 
name  of  the  said  town  had  not  been  changed. 


Approved,  2 1st  July,  '837. 


In  force  21st  AN  ACT  to  incorporate  the  Town,  of  Jerseyville . 

Jul}r,  1837 

Sec.  1.  Be  it  enacted  by  the  people  of  the  Stale  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  inhabitants 
and  residents  of  the  town  of  Jerseyville,  in  Greene  coun- 
Body  corporate  ty,  are  hereby  made  a  body  corporate  and  politic,  in  law 
a”edP°lltlC  Gie"  and  ^act’  k y  the  name  of  the  President  and  Trustees  of 
the  Town  of  Jerseyville;  and  by  that  name  and  style 
shall  have  perpetual  succession,  and  may  have  and  use  a  com¬ 
mon  seal  which  they  may  alter  or  revoke  at  pleasure,  and  in 
whom  the  government  of  said  corporation  shall  be  vested, 
and  by  whom  its  affairs  shall  be  managed, 
powers  vested  Sec.  2.  The  corporate  powers  and  duties  of  said  town 
¥?Ave  trustees  sha]i  vested  in  five  trustees,  to  be  chosen  and  appoint- 


TovVNs. 


103 


od  as  hereafter  directed,  who  shall  form  a  board  for  the 
transaction  of  business. 

Sec.  3.  John  W.  Lott,  George  H.  Collins,  Samuel  First  frustees 
L.  McGill,  Richard  Graham,  and  Edward  M.  Da¬ 
ley,  shall  be  the  first  trustees,  and  shall  hold  their 
office  until  the  first  Monday  in  May  next;  and  the 
members  composing  the  board  of  trustees  thereafter 
shall  be  elected  by  the  persons  residing  within  said  town 
and  incorporated  limits,  qualified  to  vote  for  representa¬ 
tives  to  the  legislature,  on  the  first  Monday  in  May  in First  election 
each  year,  to  serve  for  one  year,  and  until  their  successors 
are  duly  elected  and  qualified.  They  shall  be  at  least 
twenty-one  years  of  age,  citizens  of  the  United  States, 
and  inhabitants  of  said  incorporated  limits,  and  bona  fide 
freeholders  in  said  town;  and  shall  have  power  to  fill  all  Vacancies, how 
vacancies  in  their  own  board,  which  may  be  occasioned  filled 
by  death,  resignation,  or  otherwise. 

Sec.  4.  That  the  board  of  trustees  shall  appoint  their  Officers,  how 
president  and  all  other  officers  of  their  board,  and  shall  appointed 
be  judges  of  the  qualifications,  elections,  and  returns  of 
their  own  members.  A  majority  shall  constitute  a  board 
to  do  business;  but  a  smaller  number  may  adjourn  from 
day  to  day;  may  compel  the  attendance  of  absent  mem¬ 
bers  in  such  manner,  and  under  such  penalties,  as  the 
board  may  provide;  they  may  determine  the  rules  of 
proceeding,  punish  their  members  for  disorderly  conduct, 
and,  by  the  concurrence  of  two-thirds  of  the  whole  num¬ 
ber  elected,  expel  a  member,  and  make  such  other  rules 
and  regulations  for  their  own  government  as  to  them  may 
seem  proper  and  expedient. 

Sec.  5.  That  the  board  of  trustees  shall  have  power  May  leyy  ai>(}/ 
by  ordinance  to  levy  pnd  collect  taxes  . upon  all  real  estate  coIlect  tax 
within  the  town  and  limits  of  the  incorporation,  not  ex¬ 
ceeding  the  one  half  of  one  per  centum  upon  the  assessed 
value  thereof,  except  as  hereafter  excepted;  to  make 
regulations  to  secure  the  general  health  of  the  inhabitants^ 
to  prevent  and  remove  nuisances;  to  establish  night 
watches,  erect  lamps  in  the  streets,  and  light  the  same; 
to  provide  for  licensing,  taxing,  and  regulating  auctions,  Trustees  to 
taverns,  groceries,  and  pedlers,  theatrical  and  other  shows  ^ase  tavsrns»’ 
and  amusements;  to  restrain  and  prohibit  gaming  houses, 
bawdy  houses,  and  other  disorderly  houses;  to  establish 
and  regulate  markets;  to  open  and  keep  in  repair  streets, 
avenues,  lanes,  alleys,  drains,  and  sewers,  and  to  keep 
the  same  clean;  to  require  bond  and  security  of  town  of¬ 
ficers  for  the  faithful  performance  of  their  duties;  to  pro¬ 
vide  for  the  prevention  and  extinguishment  of  fires;  to  dig 
wells,  and  erect  pumps  in  the  streets  for  the  convenience 
of  the  inhabitants;  to  regulate  the  police  of  the  town;  to  Police  of  town* 


104 


TOWNS. 


Special  tax, 
how  levied 


V 


regulate  the  elections  of  the  town  officers,  ahd  fix  their 
compensation;  and  from  time  to  time  to  pass  such  ordi¬ 
nances  as  to  carry  into  effect  the  objects  of  this  act,  and 
the  powers  hereby  granted,  as  the  good  of  the  inhabi¬ 
tants  may  require;  and  to  impose  and  appropriate  fines 
and  forfeitures  for  the  breach  of  any  ordinance,  and  pro¬ 
vide  for  the  collection  thereof;  and  that  in  all  cases 
arising  under  this  act,  or  growing  out  of  the  by-laws  and 
ordinances  made  in  pursuance  of  this  act  of  incorpora¬ 
tion,  any  justice  of  the  peace  within  said  corporation  shall 
have  jurisdiction  to  hear  and  determine  the  same;  and  an 
appeal  may  be  taken,  and  writs  of  certiorari  allowed  from 
any  such  decision  in  the  same  manner  as  now  is,  or  here¬ 
after  may  be,  provided  by  law  for  appealing  from  judg¬ 
ments  of  justices  of  the  peace. 

Sec.  6.  That  on  the  application  of  the  owners  of  two- 
thirds  of  the  front  of  the  lots  on  any  street,  or  part  of  a 
street,  it  shall  be  lawful  for  the  board  of  trustees  to  levy 
and  collect  a  special  tax  on  the  owners  of  the  lots  on 
said  street,  or  part  of  a  street,  according  to  their  respective 
fronts,  for  the  purpose  of  grading  and  paving  the  side 
walks  on  said  street. 

Sec.  7.  The  board  of  trustees  shall  have  power  to  re-* 
gulate,  grade,  pave,  and  improve  the  streets,  avenues, 
lanes,  and  alleys,  within  the  limits  of  said  town  and  cor¬ 
poration,  and  to  extend,  open,  and  widen  the  same, 
making  the  person  or  persons  injured  thereby  adequate 
compensation,  to  ascertain  which  the  board  shall  ca^e 
to  be  summoned  six  good  and  lawful  men,  freeholders  and 
inhabitants  of  said  town*  not  directly  interested  (who  be-  * 
ing  first  duly  sworn  for  that  purpose,)  shall  enquire  into 
and  take  into  consideration  as  well  the  benefits  as'  the 
injury  which  may  accrue,  and  estimate  and  assess,  the 
damages  which  would  be  sustained  by  reason  of  the  open¬ 
ing,  extending,  widening  of  any  street,  avenue,  lane,  or 
alley,  and'shali  moreover  estimate  the  amount  which  other 
persons  will  be  benefitted  thereby,  and  shall  contribute 
towards  compensating  the  person  injured,  all  of  which 
shall  be  returned  to  the  board  of  trustees  under  their 
•hands  and  seals;  and  the  persons  which  shall  be  bene¬ 
fitted  and  so  assessed,  shall  pay  the  same  in  such  manner 
as  shall  be  provided  by  the  board  of  trustees;  and  the 
residue,  if  any,  shall  be  paid  out  of  the  town  treasury. 
The  board  of  trustees  shall  have  power  to  close  any  lane 
or  alley  in  said  town,  whenever  they  may  judge  it  expe¬ 
dient,  and  to  make  such  disposition  of  the  ground  amongst 
the  owners  of  the  adjoining  lots  as  the  circumstances  of 
the  case  may  require,  so  as  to  fully  vest  in  them  the  fee 
simple  of  such  ground;  also  the  board  of  trustees  shall 


TOWNS*  * 


105 


have  power  to  pass  such  by-laws  or  ordinances,  from  time 
to  time,  as  to  them  may  seem  expedient  and  not  incon¬ 
sistent  with  any  public  law  of  this  state,  as  the  good  of 
the  citizens  of  said  town  may  require. 

Sec.  8.  That  all  ordinances  of  said  trustees  shall  be 
fairly  written  out,  signed  by  the  clerk,  and  published  in  a 
newspaper  printed  in  the  town, or  posted  up  at  three  of  the 
most  public  places  in  said  town,  and  no  ordinance  shall 
be.  in  force  until  published  as  aforesaid. 


Ordinances  t6 
be  made  public 


Sec.  9.  That  the  board  of  trustees  are  also  vested  with  Nuisance 

a 

power  to  declare  what  shall  be  considered  a  nuisance 
within  said  town  and  incorporated  limits;  to  prevent  the 
running  and  indecent  exhibition  of  horses  within  the 
bounds  of  said  town;  to  provide  for  the  trial  and  punish¬ 
ment  of  persons  who  may  be  engaged  in  assaults,  assaults 
and  batteries,  and  affrays,  within  the  limits  of  said  incor¬ 
poration;  and  to  provide  that  such  punishment  may  be 
inflicted  for  any  offence  against  the.lavvs  or  ordinances  of 
the  corporation,  as  is  or  may  be  provided  by  law  for  like 
offences  against  the  laws  of  the  state:  Provided ,  That  no  Proviso 
person  shall  he  deprived  of  the  right  of  trial  by  jury  in 
any  case  where  such  person  would  be  entitled  to  a  trial 
by  a  jury  for  a  like  offence  against  the  law  of  the  state. 

Sec.  10.  That  the  board  of  trustees  shall  have  power  Punishment  of 
to  provide  for  the  punishment  of  offenders  by  imprison- offenders 
ment  in  the  county  jail,  in  all  cases  where  such  offenders 
shall  fail  or  refuse  to  pay  fines  which #  may  be  assessed, 

Or  for  forfeitures  or  penalties  which  may  he  recovered: 

Provided ,  That  no  person  shall  be  imprisoned  under  the  Proviso! 
provisions  of  this  act  for  a  longer  period  than  twenty- 
four  hours  for  every  five  dollars  of  any  fine  assessed,  or 
forfeiture  or  penalty  recovered. 

Sec.  1 1.  That  the  board  of  trustees  shall  have  power 
to  provide  for  the  punishment  of  persons  who  may  at  any 
time  disturb  the  peace  of  the  inhabitants  of  the  town  or 
incorporated  limits,  or  the  deliberations  or  proceedings 
of  any  public  meeting  of  such  inhabitants,  or  of  the  board 
of  trustees  when  in  session. 

Sec.  T2.  That  the  lot,  in  front  of  which  any  side  j  ,  ,  .  ,  . 

walk  is  made,  shall  be  taxed  to  pay  at  least  one  half  ot  en  for  side 
the  expenses  of  making  such  side  walk,  in  addition  to  walks 
the  regular  tax  which  shall  be  assessed,  and  collected  in 
the  same  manner  as  other  taxes  are. 

Sec.  id.  That  the  boaid  of  trustees  shall  have  power 
to  adopt  such  modes  and  means,  for  the  assessment  and  Assessment  <fe 
collection  of  taxes,  as  they  may  from  time  to  time  fix  *  °deegctl0n  of 
upon  and  determine,  and  to  prescribe  the  manner  of  sell¬ 
ing  property  when  the  taxes  levied  upon  it  is  not  paid: 

Provided ,  however ,  That  no  sale  of  any  town  lots,  or  other  Proviso 


O 


TOWNS. 


Notice  to  be 
given 

Lots  sold  may 
be  redeemed  in 
two  years 


Redemption 

money 


All  officers  to 
be  sworn 


real  estate,  shall  be  made  until  public  notice  of  the  time 
and  place  shall  be  given  by  advertisement  in  a  newspaper, 
or  by  posting  up  written  notices  in  three  of  the  most 
public  places  in  said  town  at  least  fifteen  days  previous 
thereto. 

Sec.  14.  That  when  any  town  lot  or  lots,  or  real  es¬ 
tate,  shall  be  sold  for  taxes  by  virtue  of  this  act,  the  same 
may  he  redeemed  at  any  time  within  two  years  from  thd* 
date  of  such  sale,  by  the  owner  of  said  property,  or  his 
or  her  agent,  executor,  or  administrator,  paying  to  the 
treasurer  of  said  town,  for  the  use  of  the  purchaser  of 
said  property,  the  full  amount  of  the  purchase  money, 
with  interest  at  the  rate  of  fifty  per  cent,  per  annum,  to¬ 
gether  with  the  costs  accruing  thereon. 

Sec.  15.  That  the  members  of  the  board  of  trustees, 
and  every  other  officer  of  said  corporation,  shall,  before 
entering  on  the  duties  of  his  office,  take  an  oath  or  affir¬ 
mation  before  some  judge  or  justice  of  the  peace  to  sup¬ 
port  the  constitution  of  the  United  States  and  of  this 


Town  consta¬ 
ble  to  be  ap¬ 
pointed 


Bond  and  secu^ 
riiy  required  of 
constables 


state,  and  faithfully  to  demean  themselves  in  office. 

Sec.  10.  That  the  board  of  trustees' shall  have  power 
to  appoint  a  town  constable  or  constables,  and  authorize 
him  to  execute  all  writs,  process,  and  precepts  which  may 
be  issued  against  persons  for  the  violation  of  the  laws  or 
ordinances  of  the  corporation,  and  to  arrest  on  view  all 
persons  who  may  violate  such  laws  or  ordinances;  to  col¬ 
lect  all  fines,  forfeitures,  and  penalties  which  may  be  as¬ 
sessed  or  recovered  for  the  use  of  the  corporation;  and 
to  require  bond  and  security  of  said  constable,  in  such 
sum  as  they  may  think  proper:  said  constable  or  consta- 


Duty  of  county 
commissioner 
of  Greene  to 
cause  election 
for  justice  of 
fhe  peace 


Jurisdiction 


hies  to  hold  their  office  during  the  pleasure  of  the  board  of 
trustees;  and  shall  have  and  possess  the  same  powers,  and 
perform  the  same  duties  in  other  respects,  as  the  consta¬ 
bles  in  the  different  districts  in  the  county  possess. 

Sec.  17.  That  all  that  district  of  country  included 
within  the  corporate  limits  of  said  town,  be,  and  the  same 
is  hereby  constituted  into  a  district  for  the  election  of 
a  justice  of  the  peace. 

Sec.  18.  That  the  county  commissioners’  court  of  the 
county  of  Greene  are  hereby  authorized  and  required 
to  cause  an  election  to  be  held  hereafter,  as  soon  as  prac¬ 
ticable,  and  at  each  quadrennial  election  thereafter,  for 
one  justice  of  the  peace  in  said  district.  The  justice  of 
the  peace  elected  shall  hold  his  office  until  the  next  gene¬ 
ral  election  for  justices  of  the  peace,  at  which  time  his 
successor  shall  be  elected  as  in  other  cases;  and  the  per- 
ofson  thus  elected  shall  have  and  exercise  the  same  juris¬ 
diction,  hold  his  office  by  the  same  tenure,  and  be  under 


row  ns. 


107 


the  regulations  in  all  respects  as  other  justices  of  the 
peace  of  this  state. 

Sec.  19.  That  the  board  of  trustees,  lor  the  purpose  ah  males  to 
of  keeping  the  streets  and  alleys  in  said  town  and  incor-  work  three  days 
porated  limits,  and  the  public  roads  passing  from  and 011  stl-eets 
through  the  centre  of  said  town,  in  good  repair,  and  to 
this  end  they  are  authorized  to  require^ every  male  resi¬ 
dent  of  said  town  and  incorporate  limits,  over  the  age  of 
twenty-one  years,  to  labor  in  said  streets,  alleys,  and  roads, 
least  three  days  in  each  year;  and  any  person  who  shall 
be  notified  by  the  street  commissioner  to  perform  such' 
labor,  so  assessed,  as  herein  provided,  and  shall  fail  or  In  case  of  neg- 
neglect  to  perform  the  same,  shall  forfeit  and  pay  the  Iect  or  rofusal 
sum  of  one  dollar  for  each  day’s  labor  neglected  to  be  F>ne 
performed;  and  the  street  commissioner  in  said  town  is 
hereby  authorized  to  prosecute  such  delinquent  person 
in  the  name  of  44 The  President  and  Trustees  of  the  Town 
of  Jerseyville,”  before  any  justice  of  the  peace  in  said 
town:  and  said  street  commissioner  shall  be  a  competent 
witness  against  said  delinquent;  and  in  case  of  default  as 
aforesaid,  the  justice  of  the  peace  shall  enter  up  judg¬ 
ment  against  said  delinquent  for  the  amount  so  forfeited, 
with  costs  of  suit,  and  issue  execution  forthwith. 

Sec.  20.  That  it  shall  be  the  duty  of  any  justice  of  the  Duty  of  justice 
peace  residing  in  said  town,  and  he  is  hereby  authorized  when  laws  are 
and  empowered,  on  complaint  being  made  to  him, on  oath,  vlolated 
of  the  violation  of  any  law  or  ordinance  of  the  corpora¬ 
tion,  to  issue  his  warrant,  directed  to  the  town  constable 
or  any  other  authorized  officer,  to  apprehend  the  offender 
or  offenders,  and  bring  him  or  them  forthwith  before  him, 
and  after  hearing  the  evidence,  if  it  shall  appear  that  the 
said  accused  has  been  guilty  of  the  violation  of  any  such 
law  or  ordinance  of  the  corporation,  to  impose  such  tine 
or  imprisonment  as  shall  be  provided  in  such  law  or 
ordinance:  Provided ,  Such  fine  shall  not  exceed  fifty  dol- ProvIso 
lars.  ~  . 

Sec.  21.  That  the  said  corporation  is  hereby  made  ProFerty  Qf 

a  i/  town 

capable  in  law* to  take  and  hold  to  themselves  and  their 
successors  any  lands,  tenements,  hereditaments,  and  the 
rents,  issues,  and  profits  thereof,  which  may  be  neces¬ 
sary  for  the  erection  of  any  market  house  and  other 
public  buildings,  to  promote  the  interest  and  public  good 
of  the  citizens  of  said  town,  and  the  same  to  sell,  grant, 
and  dispose  of,  if  necessary,  and  to  suo  and  be  sued, 
plead  and  be  impleaded,  answer  and  be  answered  in  any 
court  or  place  whatever;  and  all  suits  and  judicial  pro¬ 
ceedings  under  this  act  shall  he  brought  in  the  name  and 
style  of  “The  President  and  Trustees  of  the  Town  of 
Jerseyville.1 


•»? 


108 


TOWNS. 


Proviso 


Sec.  22.  That  for  the  purpose  of  carrying  the  afore*? 
said  powers  into  effect,  the  said  trustees  shall  have  power 
to  define  the  boundaries  of  such  town:  Provided ,  That 
the  same  shall  not  exceed  one  mile  square. 

Fees  of  officers  Sec.  23.  That  justices  of  the  peace  and  constables, 
who  are  required  to  render  services  under  this  act,  shall 
be  entitled  to  the  same  fees,  and  collect  them  in  the  same 
manner  as  now  is,  or  hereafter  may  -be  provided  by 
^-wlaw. 

Sec.  24.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  any  law  to  the  contrary  not¬ 
withstanding. 

Sec.  25.  The  General  Assembly  reserves  the  right  to 
Right  to  repeal  alter,  amend,  or  repeal  this  act,  whenever  the  public  good 
may  require  the  same. 

Approved,  21st  Jqly,  1837. 


PRACTICE. 


109 


[The  following  Law  was  accidentally  omitted  from  its 
proper  place  in  the  preceding  pages.] 

AN  ACT  to  amend  the  Act  entitled  “An  Act  concerning  Practice  in  Courts  In  force  21st 
of  Law,”  approved  29th  January,  1827.  July?  1837. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  exceptions  taken 
to  opinions  and  decisions  of  the  circuit  courts,  upon  the 
trial  of  causes,  in  which  the  parties  agree  that  both  mat¬ 
ters  of  law  and  fact  may  be  tried  by  the  court;  and  in  ap¬ 
peal  cases,  tried  by  the  court  without  the  intervention  of 
a  jury,  shall  be  deemed  and  held  to  have  been  properly  ta¬ 
ken  and  allowed,  and  the  party  excepting  may  assign  for 
error  before  the  supreme  court,  any  decision  or  opinion 
so  excepted  to,  whether  such  exception  relates  to  receiv¬ 
ing  improper,  or  rejecting  proper  testimony,  or  to  the 
final  judgment  of  the  court  upon  the  law  and  evidence. 

Sec.  2.  Exceptions  taken  to  opinions  or  decisions  of 
the  circuit  courts,  overruling  motions  in  arrest  of  judgment, 
motions  for  new  trials,  and  for  continuances  of  causes,  shall 
hereafter  be  allowed;  and  the  party  excepting  may  assign 
for  error  any  opinion  so  excepted  to,  any  usage  to  the  con¬ 
trary  notwithstanding. 

Approved,  2 1st  July  1837.  ...  * 


RESOLUTIONS. 


Memorial  and  Resolutions  in  relation  to  Internal  Improvements. 

To  the  Congress  of  the  United  States  of  America:  The 
Memorial  of  the  Legislature  of  Illinois  respectfully  represents , 
That  at  a  former  session  of  this  legislature,  they  adopted, 
by  a  large  majority,  a  system  of  internal  improvements 
throughout  the  state,  embracing  one  grand  central  rail¬ 
road,  from  Galena  to  the  mouth  of  the  Ohio  river,  togeth¬ 
er  with  various  other  railroads,  traversing  the  state  in 
several  directions,  communicating  with  the  great  ri  vers,  and 
pointing  to  other  projected  improvements  in  other  states; 
in  all,  constituting  a  line  of  railroad  exceeding  a  thousand 
miles,  the  average  cost  of  which  is  estimated  at  less  than 
seven  thousand  dollars  per  mile. 

Your  memorialists  would  further  represent,  that,  al¬ 
though  there  is  nothing  of  novelty  in  the  undertaking,  and 
that  no  new  argument  can  be  urged  in  favor  of  this  adop¬ 
tion,  further  than  the  peculiar  adaptation  of  the  country 
for  the  construction  of  such  works,  owing  to  its  generally 
level  surface,  yet  they  feel  dispassionately  confident  of 
success. 

This  state  is  yet  in  its  infancy,  but  from  the  rapid  in¬ 
crease  of  population  and  wealth,  it  promises  soon  to  real¬ 
ize  the  anticipations  of  its  citizens. 

The  system  which  it  has  adopted  needs  to  some  extent 
however,  the  sanction  of  the  general  government,  and  its 
aid;  and  from  the  attention  which  an  application  of  a  pri¬ 
vate  company  for  “right  of  wav”  and  grants  of  lands,  has 
heretofore  received,  they  feel  confident  that  a  similar  ap¬ 
plication  from  the  state  would  receive  not  less  attention 
Your  memorialists  are  confident  that  a  true  and  correct 
representation  of  these  matters,  by  our  representatives  in 
congress,  cannot  fail  to  have  their  due  weight,  and  will 
doubtless  influence  the  congress  to  adopt  some  plan  by 
which  the  sale  of  the  public  lands  will  be  ensured,  and  the 
people  generally  benefitted. 


RESOLUTIONS. 

The  General  Government  has  heretofore  viewed  the 
construction  of  the  Illinois  and  Michigan  canal  as  a  na¬ 
tional  work,  and  appropriated  large  amounts  in  lands  to 
the  construction  thereof.  The  state  entered  with  bold¬ 
ness  into  that  grand  design,  and  pledged  itself  to  the  pro¬ 
secution  of  the  work.  Although  the  cost  far  exceeds  all 
reasonable  anticipation,  they  arc  determined  to  pursue  it 
on  the  most  practicable  plan;  and  they  have  the  confi¬ 
dence  that  the  government  of  the  United  States  will  com¬ 
ply  with  its  implied  pledges,  entered  into  to  guarantee  the 
work. 

But  while  the  energies  of  the  state  arc  directed  to  this  ob¬ 
ject,  they  are  not  to  be  confined  in  its  enterprizes  to 
the  construction  of  one  hundred  miles  of  canal,  benefiting 
but  a  small  portion  of  the  state:  they  have  taken  a  more 
extended  view,  and  adopted  a  more  liberal  system,  that 
indicated  by  the  internal  improvement  act  of  the  last  ses¬ 
sion,  and  although  it  is  superficially  extensive,  it  is  confi¬ 
dently  believed  that  it  will  not  costnioreto  construct  all  the 
works  indicated  by  the  act,  than  it  will  to  complete  the 
canal.  Yet  no  invidious  comparisons  are  made.  Itisthear- 
dent  wish  that  the  two  works  should  harmonize  togetner, 
and  proceed  with  an  equal  pace,  each  equally  receiving 
the  fostering  aid  of  the  state  and  the  general  government. 
No  true  friend  of  the  prosperity  of  Illinois,  is  in  favor  of 
overturning  the  one  and  promoting  the  other  of  these  pro¬ 
jects,  because  it  would  equally  prostrate  both.  The  canal 
and  the  internal  improvement  system  being  in  the  same 
state,  affected  by  the  same  laws,  and  advancing  the  inter¬ 
ests  of  the  same  people,  are  of  a  social  disposition,  and 
will  flourish  best  by  the  mutual  protection  of  each  other. 

Your  memorialists,  therefore,  pray  your  honorable  body 
to  grant  to  the  state  the  right  of  way  over  the  public  lands, 
for  the  several  routes  indicated  by  the.  internal  improve¬ 
ment  act;  and  also  to  grant  to  the  state  the  right  to  pur¬ 
chase  any  quantity  of  lands  along  the  routes  of  the  seve¬ 
ral  railroads,  at  a  credit  of  ten  years,  without  interest,  not 
exceeding  five  hundred  thousand  acres,  nr  to  grant  to  the 
state  witiiout  sale  or  price,  such  quantity. 

They  also  further  pray  that  Congress,  in  order  to  carry 
out  the  design  of  the  general  government  more  fully,  of 
completing  the  construction  of  the  Illinois  and  Michigan 
canal,  would  grant  such  a  quantity  of  land,  bordering  on’ 
said  canal,  or  elsewhere,  as  will  be  sufficient  to  complete 
said  work,  upon  condition  that  it  rnay  be  needed,  and  up¬ 
on  the  further  condition  that  the  state  will  guaranty  the 
faithful  application  of  the  means  hereby  asked. 

Resolved  by  the  Senate  and  House  of  'Representatives ,  That 
our  senators  and  representatives  in  congress  bo  requested 


m 


RESOLUTIONS, 


to  use  all  means  in  their  power  to  procure  the  passage  of 
a  law  of  congress,  to  authorize  the  state  of  Illinois,  by  and 
through  the  commissioners  of  public  works*  to  enter  lands 
along  the  several  routes  of  railroads,  and  other  improve¬ 
ments  contemplated  by  the  “act  to  establish  and  maintain 
a  general  system  of  internal  improvements, on  acreditof 
ten  years. 

Resolved ,  That  our  senators  and  representatives  be  also 
requested  to  procure  the  passage  of  a  further  provision, 
granting  to  the  state  the  right  of  way  over  the  lands  own¬ 
ed  by  the  general  government  within  this  state,  to  con¬ 
struct  the  projected  works  of  internal  improvement. 

Whereas,  the  Illinois  and  Michigan  canal  has  been  look¬ 
ed  upon  as  a  national  work,  and  grants  of  land  from  the 
general  government  have  been  made  to  commence  the 
same: 

Resolved ,  That  our  senators  and  representatives  be  re¬ 
quested  to  procure  the  passage  of  a  law  by  congress, gran¬ 
ting  to  this  state  further  means  to  complete  said  work,  up¬ 
on  such  conditions  as  the  Congress  of  the  United  States 
shall  order  and  direct. 

Approved,  July  2lst,  1837; 


REPORTS 


\ 


OP  THE 

AUDITOR  AND  TREASURER, 


TO  THE 

GENERAL  ASSEMBLY, 
JULY,  1837. 


AUDITOR’S  REPORT. 


\ 

Sir: 


State  of  Illinois,  Auditor’s  Office, 
Vandalza,  July  1 2th,  1837. 

\  '  . 


In  compliance  with  the  resolution  of  the  House  of  Representatives, 
requesting  the  Auditor  to  “transmit  to  the  House  a  statement  of  the 
condition  of  the  Treasury  of  this  State,”  I  have  the  honor  to  submit 
the  following  report,  showing  the  amount  of  receipts  into  the  Treasury, 
from  the  3d  day  of  December,  1836,  to  the  30th  day  of  June,  1837, 
inclusive,  and  the  expenditures  on  the  part  of  the  State  during  the 
same  period;  also,  a  statement  of  the  account  of  the  State  Bank  with 
the  State  of  Illinois,  since  she  became  the  fiscal  agent  of  the  State,  up 
to  the  said  30th  day  of  June;  together  with  a  statement  of  the  present 
situation  of  the  School  Fund. 

I  have  the  honor  to  be, 

Sir,  your  obd’t  Seivant, 

LEVI  DAVIS, 

Auditor  of  Public  Accounts. 

To  tiie  Hon.  the  Speaker 

of  the  House  of  Representatives. 

P 


114 


AUDITOR’S  REPORT. 


Dr. 


CHARLES  GREGORY ,  State  Treasurer ,  in 


For  amount  remaining  in  the  Treasury,  on  the  3d  day 
of  December,  1836,  -  -  -  - 

For  amount  received  from  nonresidents,  from  3d  De¬ 
cember,  1836,  to  16th  April,  1837,  - 

For  amount  received  from  Sheriffs,  during  same  pe¬ 
riod,  ------ 

For  amount  received  from  Revenue  Clerks, 

For  amount  received  from  State  Bank  of  Illinois,  being 
the  amount  of  interest  which  accrued  on  the  Wig¬ 
gins  loan,  from  the  passage  of  the  act  authorizing  the 
Bank  to  redeem  said  loan,  up  to  1st  July,  1836, 

For  amount  received  from  State  Bank  of  Illinois,  be¬ 
ing  the  bonus  due  from  said  Bank,  on  the  1st  day  of 
January,  1837,  - 

For  amount  received  for  debts  due  the  old  State  Bank 
and  branches,  ------- 

For  amount  received  from  the  Commissioners  of  the 
School  Fund,  ------- 

For  amount  received  from  Trustees  of  James  Hall,  for¬ 
mer  Treasurer,  ------ 

For  amount  received  from  Commissioner  of  sales  of 
Gallatin  Saline  Lands,  ----- 

For  amount  received  from  sale  of  materials  of  old  State 
House,  -------- 

For  amount  of  redemption  money  received, 

For  amount  of  Surplus  Revenue  received  from  the 
United  States,  - 

Total, 


$85,140  37 

256  63 

2,662  08 
34,007  55 

2,766  70 

7,017  75 

333  00 

116,750  00 

1,038  96 

H9  40 

19  57 
226  46 

239,306  38 

$490,204  85 


AUDITOR’S  REPORT. 


115 


account  with  THE  STATE  OF  ILLINOIS.  ■  Cr. 


By  amount  of  warrants  paid  at  the  Treasury,  from  3d 
December,  1836,'  to  1 6th  April,  1837, 

By  amount  of  State  paper  burned  during  same  period, 
By  amount  deposited  in  State  Bank  of  Illinois, 

By  amount  of  Funded  Stock  redeemed, 

By  amount  of  interest  allowed  on  State  paper  received 
for  taxes,  ----- 
By  amount  of  tax  refunded  on  land  redeemed, 

By  amount  of  money  refunded  - 
By  amount  of  redemption  money  paid  out, 

By  amount  retained  by  treasurer  for  his  services  and 
expenses  in  collecting  first  instalment  of  surplus  re¬ 
venue,  -  -  -  -  -  -  - 

By  amount  to  balance,  - 


$211,034  48 
106  00 
277,218  31 
767  52 

40  80 
30  08 
33  47 
57  70 


807  00 
109  49 


Total 


$490,204  85 


116 


AUDITOR’S  REPORT. 


Dr. 


JOHN  D.  WHITESIDE ,  Slate  Treasurer ,  in 


For  amount  received  of  Charles  Gregory,  late  Treas¬ 
urer,  being  the  balance  in  his  hands  on  the  1 6th  day 
of  April,  1837,  -  -  -  -  - 

For  amount  received  from  non-residents  from  16th 
April  to  30th  June,  1837  - 

For  amount  received  from  Sheriffs  during  same  period 
For  amount  received  from  the  Revenue  clerks 
For  amount  received  from  the  Commissioners  of  the 
School  Fund  - 

For  amount  received  from  the  State  Bank,  being  the 
dividend  due  the  State  on  $100,000  stock  subscribed 
by  State  .  -  -  --  -  - 

For  amount  of  redemption  money  received 
For  amount  of  Surplus  Revenue  received  from  United 
States  ------ 


Amount  from  foregoing  page 


Total, 


$109  49 

1150  57 
1780  69 
2237  27 

1100  00 


2500  00 
629  6l 

238,612  76 

IM.I.  —  -  I  '  *  1  1  ■  1  ■  > 

248,120  39 
490,204  85 

$738,325  24 


Dr. 


The  STATE  BAJYK  OF  ILLINOIS  in 


For  amount  deposited  in  the  State  Bank  up  to  30th 
June,  1837  - 

For  amount  due  on  settlement  on  the  30th  day  of 
June,  1837  ------ 

To  this  sum  add  the  amount  of  Surplus  Revenue  de¬ 
posited  in  the  Bank  on  the  29th  day  of  June,  but  which 
was  not  taken  into  the  foregoing  account,  the  certifi¬ 
cate  of  Deposite  not  having  been  received  in  time 

Amount  due  the  state  on  the  30th  day  of  June,  1837 


$365,781  68 


289,669  51 


99,306  38 


$388,975  89 


AUDITOR’S  REPORT. 


117 


account  with  THE  STATE  BANK  OF  ILLINOIS , 

Cr. 

By  amount  deposited  in  the  State  Bank  of  Illinois, 
from  1 6th  April  to  30th  June,  1837 

B)7  amount  deposited  in  the  Bank  at  Shawneetown 

By  amount  of  state  paper  burned  - 

By  amount  of  interest  allowed  on  State  paper  received 
for  taxes  ------ 

By  amount  to  Balance  (this  balance  has  been  deposited 
in  Bank  by  the  Treasurer)  - 

1 187, 869  75 
60,000  00 
150  00 

8  49 

-  92  15 

248,120  39 

Amount  from  foregoing  page 

490,204  85 

Total, 

$738,325  24 

account  with  the  STATE  OF  ILLINOIS , 

Cr. 

By  amount  of  warrants  paid  up  to  30th  June,  1837, 

$76,112  17 

By  amount  to  balance,  -  -  -  . 

289,669  51 

$365,781  68 

REDEMPTION  ACCOUNT. 


IIS 


AUDITOR’S  REPORT. 


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AUDITOR’S  REPORT. 


1 19 


Amount  of  Warrants  issued  from  the  3rd  day  of  December ,  IS?  6,  to  30  th 
June ,  1 837, /or  the  current  expenses  of  the  State  ^  and  charged  to  the  follow¬ 
ing  accounts ,  lo  icA: 


On  what  account  drawn. 


Amount. 


Special  appropriations,  - 

Interest  on  school,  college,  and  seminary  funds, 

Circuit  attorneys,  - 

The  General  Assembly,  - 

Money  refunded,  ? 

The  Judiciary,  - 

The  Secretary  of  State,  - 

The  Militia,  - 

Incidental  expenses,  - 

The  Attorney  General, 

The  Penitentiary  Inspectors,  - 
The  Auditor  of  Public  Accounts, 

The  Treasurer,  - 

The  Contingent  Fund, 

Warden  of  the  Penitentiary,  - 
Appropriations  to  counties,  ... 

The  Governor,  V 

Public  Printing,  (bills,  reports,  laws  and  journals  and 
paper  for  same  session  1836,  537,) 

State  Bank  Stock,  - 

Counties  on  Military  Tract,  r 

Appropriation  for  killing  wolves, 

Appropriation  for  State  House,  Vandalia, 
Appropriation  for  State  House,  Springfield, 

Board  of  Fund  Commissioners, 

Interest  on  State  Paper  Stock  redeemed, 
Appropriations  for  Hoads,  -  -  - 

Appropriations  out  of  Canal  Fund, 

Distributing  Laws  and  Journals, 

Total  Amount, 

Amount  due  the  State  from  the  Bank  on  the  30th  June, 
1837,  ..... 

From  this  sum  deduct  amount  of  outstanding  warrants 
against  the  Treasury,  $721  42 

Amount  of  outstanding  warrants  against  the 

Bank,  ....  8,086  79 


Balance  in  favor  of  the  Treasury  on  the  30th  June,  1837, 


$10,597  21 
14,085  53 
926  73 
60,975  15 
110  21 
6,134  63 
1,625  00 
665  00 
1,045  25 
366  29 
200  00 
1,400  00 
1,065  24 
1,037  52 
483  33 
5,341  39 
650  68 

11,652  28 
100,000  00 
2,800  00 
13  00 
10,268  82 
12,000  00 
50,000  00 
55  42 
780  00 
661  0Q 
150  00 


$295,089  68 


$388,975  89 


8,808  21 
$380,167  68 


120 


AUDITOR'S  REPORT. 


The  amount  of  $388,975  89  due  the  State  from  the  Bank  from  the 
30th  day  of  June,  consists  of  $367,919  14  of  surplus  revenue  received 
from  the  United  States,  and  $21,056  75  derived  from  ordinary  sources 
of  revenue.  Three  instalments  of  surplus  revenue,  amounting  to  the 
sum  of  $477,91 9  14,  have  been  received  and  deposited  by  the  Treasur¬ 
er  in  conformity  with  the  law.  The  sum  of  $60,000  has  been  deposit¬ 
ed  in  the  Bank  at  Shawneetown,  and  the  remainder  in  the  State  Bank 
of  Illinois.  Of  the  amount  deposited  in  the  last  named  Bank,  the  sum 
of  $50,000  has  been  drawn  out  by  the  Board  of  Fund  Commissioners. 


The  following  is  a  statement  of  the  present  condition  of  the  School ,  College , 

and  Seminary  funds . 


Amount  due  the  school  fund  on  Jan.  1st, 
1837, 

Amount  received  and  loaned  to  State,  Jan. 
6th,  1837, 

Amount  do.  do.  Feb.  27,  18.37, 

Amount  do.  do.  March  20,  44 
Amount  do.  do.  April  2l,  44 


$159,031  75 

72,875  00 
6,666  66 
17,745  00 
916  66 


Amount  due  the  college  fund  on  Jan.  1st, 
1837, 

Amount  received  and  loaned  to  State,  Jan. 
6th,  1837, 

Amount  received  and  loaned  to  State,  Feb. 
27  th,  1837,  - 

Amount  received  and  loaned  to  State, 
March  20th,  1837, 

Amount  received  and  loaned  to  State,  April 
21st,  1337, 

Amount  seminary  fund, 

Add  amount  of  warrant  for  3  per  cent, 
fund  now  in  the  hands  of  the  commis¬ 
sioners  of  the  school  fund, 

Total  amount  due  school,  college,  and 
seminary  funds  proper. 

In  conformity  with  what  I  conceive  to 
be  the  proper  construction  of  the  acts,  en¬ 
titled  44 An  act  to  establish  and  maintain  a 
general  system  of  Internal  Improvements,” 
and  44 An  act  to  amend  the  several  acts  in 
relation  to  common  schools,”  I  have  added 
to  the  school  fund  $335,592  32  of  the  sur¬ 
plus  revenue,  being  the  amount  which  the 
state  owed  the  School,  College,  and  Semi- 


$31,804  33 
14,575  00 
1,333  33 
3,555  00 
183  33 


$257,235  07 


51,450  99 
49,306  25 


16,100  00 


$374,092  31 


AUDITOR’S  REPORT. 


121 


[statements  continued.] 


nary  Funds  at  the  time  the  said  laws  were 
passed.  This  amount  was  added  and  bears 
interest  from  the  following  dates,  viz: 
Amount  loaned  on  the  25th  March,  1837, 
Amount  loaned  on  the  2d  May,  1837, 
Amount  loaned  on  the  29th  Jan.  1837, 


$239,306  38 
79,306  38 
16,979  56 


335,592  32 


Total  amount 


$709,684  63 


A  Statement  of  the  amount  drawn  from  the  treasury  on  account  of  the  Con¬ 
tingent  Fund,  from  3rd  day  of  December ,  1836,  to  the  30 th  June  1837* 
inclusive. 


Date. 

Warrants. 

*  .  ...  -  -  - 

Amount. 

1837. 

Jan.  3 

To  warrants  to  Basil  B.  Craig,  in  full  for  his  ser- 

- 

vices  in  going  to  the  Governor  of  Louisiana 

to  demand  a  fugitive  from  justice, 

75  00 

Jan.  30 

To  warrants  to  James  M.  Duncan,  clerk  of  the 
supreme  court,  ir  full  for  his  bill  of  costs  in 
two  causes  against  James  Hall,  former  Trea- 

surer,  -  - 

25  65 

Feb.  7 

To  warrants  to  Win.  H.  Coyle,  in  full  for  adver¬ 
ting  Governor’s  Proclamation  for  election  of 
Maj.  General,  and  for  convening  the  Lcgisla- 

lure,  -  - 

4  50 

March  4 

To  warrants  to  Joseph  Hays,  commissioner  of 

i 

sales  of  Gallatin  Saline  Lands,  in  full  for  ma¬ 
king  a  Report  to  the  Auditor  of  the  lands  sold 

20  00 

by  T.  D.  Huett,  former  commissioner, 

To  warrants  to  Wm.  E.  Wood  ruff  in  full  for  ad¬ 
vertising  Governor’s  Proclamation  ror  the  ap¬ 
prehension  of  William  Copland,  and  other  fugi- 

March  6 

tives  from  justice,  + 

31  87 

April  13 

To  warrants  to  B.  W.  Thompson,  in  full  for  col- 

lecting  Revised  Laws  of  1833, 

125  00 

May  3 

To  warrants  to  J.  C.  Bruner,  in  full  for  an  allow- 
lowanee  made  him  by  the  Governor  out  of  the 

Contingent  Fund,  - 

20  0Q 

May  5 

To  warrants  to  John  F.  Maddox  in  part  for  plas- 

tering  rooms  in  State  House  for  public  offices, 

Q 

200  00 

m 


AUDITOR’S  REPORT. 


contingent  fund. 


Date. 


W  arrsnts. 

- ( - 


Amount. 


May  22 
May  25 
May  25 
May  25 
May  29 


June  19 
June  24 

June  26 

June  26 
June  26 

June  26 


To  warrrants  to  Harrison  Thompson,  in  full  for 
8,000  laths  furnished  by  him  for  the  lower 
rooms  of  the  State  House, 

To  warrants  to  Thomas  O.  Davis,  in  full  for  pub¬ 
lishing  Governor's  proclamation,  and  an  act 
concerning  trespasses  on  canal  lands, 

To  warrants  to  J.  Wentworth,  in  full  for  publish¬ 
ing  Governor’s  Proclamation,  and  an  act  con¬ 
cerning  trespasses  on  canal  lands, 

To  warrants  to  H.  Warren,  in  full  for  publishing 
Governor’s  Proclamation,  and  an  act  concern¬ 
ing  trespasses  on  canal  lands, 

To  warrants  to  Hodge  &  Shrader,  in  full  for  pub¬ 
lishing  Governor’s  Proclamation  declaring  who 
elected  members  of  Congress;  who  presiden¬ 
tial  electors;  offering  a  reward  for  Wm.  Cop¬ 
land,  a  fugitive  from  justice;  Proclamation  and 
act  concerning  tresspasses  on  canal  lands;  pub¬ 
lishing  supplement  to  revenue  law,  and  print¬ 
ing  three  quires  of  circular  letters, 

To  warrants  to  Henry  Snyder,  in  full  for  work 
clone  for  Secretary’s  office, 

To  warrants  to  Nelson  Rial  in  full  for  his  servi¬ 
ces  as  an  express  to  the  counties  of  Gallatin 
and  Johnson,  with  writs  of  election, 

To  warrants  to  James  M.  Morse,  in  full  forhis  ser¬ 
vices  as  a  messenger  to  the  Governor  of  Mis¬ 
souri  to  demand  a  fugitive  from  justice, 

To  warrants  to  A.  J.  Guykowski,  in  lull  forhis 
services  as  an  express  to  the  counties  of  Effing¬ 
ham,  Coles  and  Edgar,  with  writs  of  election, 
To  warrants  to  D.  B.  Hodge,  in  full  for  his  servi¬ 
ces  as  an  express  to  the  counties  of  Sangamon, 
Morgan,  Cass  and  Adams,  with  writs  of  elec¬ 
tion,  •  -  - 

To  warrants  to  B.  W.  Thompson,  in  full  lor  his 
services  as  an  express  to  the  counties  of  Green 
and  Calhoun  with  writs  of  election. 


24  09 

36  00 
36  00 

36  00 

55  OO 
22  00 

40  00 

150  00 

36  00 

CO  00 
40  00 


$1037  52 

En 


State  of  Illinois,  Auditor’s  Office,  ) 

Yandalia,  July  12th,  1837.  $ 

LEVI  DAVIS,  Avd,  of  Pub.  Accounts . 


REPORT 


OF  THE 

T  REA  SUI IER. 


\  ^ 

To  the  Speaker  of  the  House  of  Representatives ; 

Sir — In  compliance  with  a  resolution  of  the  House  of  Represen¬ 
tatives  requiring  the  “Treasurer  to  transmit  a  statement  of  the  condi¬ 
tion  of  the  treasury,”  I  have  the  honor  to  submit  the  following  report, 
shewing  the  amount  received  from  the  3d  day  of  December,  1836, 
to  the  30th  day  of  June,  1837,  inclusive.  Adso  the  amount  of  war¬ 
rants  paid  by  the  Treasurer,  and  the  amount  deposited  in  bank,  state 
paper  burned,  &c.,  all  of  which  is  respectfully  submitted. 

I  have  the  honor  to  be,  sir, 

Your  obedient  servant, 

JOHN  D.  WHITESIDE, 

Treasurer . 


TREASURER’S  REPORT. 


in 

REPORT  of  receipts ,  payments ,  tzttcZ  deposites ,  a/  the  treasury,  from 


DR.  Date.  Amount  of  receipts. 


*  i 

January  -  ,  - 

February  - 

$100,827  40 
8,262  93 

March  - 

294,019  22 

April  .... 

May  - 

June  * 

4,107  23 
82,172  95 
163,795  14 

653,184  87 

-T  •  '  -  > 

• 

’  .  •  i  - 

>  ■ 

..'tu  s.  .  ,  ’  r  '  '  '  ■'  •• 

. 

• 

i  » 

x  ’  \  .  k  !  '  .t  '  -  *" 

. . 

* 

*-.  •  N.  s  .• 

To  this  amount  add  the  balance  in  the 

. 

J 

/ 

85,140  37 

$738,325  24 

treasury  on  the  3d  day  of  Dec.  1836 

JVoie.-— There  was  no  receipts  from  the  3d  to  the  31st 

December,  1836. 

\ 


TREASURER’S  REPORT 


125 


3d  day  of  Dec .  1  83tl,  to  the  30 th  day  of  June ,  1837,  inclusive . 


By  amount  paid  at  the  Treasury,  moneys  deposited,  &c. 

(By  C.  Gregory.) 

% 

CR. 

December,  (from  3d  to  3lst  inclusive,  no 
payments  made,) 

January  - 

February,  (no  payments) 

$29,932  54 

March  - 

180,697  58 

April  - 

404  36 

\ 

211,034  48 

Certificates  of  deposite  in  bank 

- 

277,218  31 

State  paper  burned 

- 

106  00 

Interest  on  state  paper 

- 

40  80 

Funded  stock  redeemed 

- 

757  52 

Tax  refunded  on  land  redeemed 

- 

30  08 

Money  refunded 

- 

33  47 

Redemption  money  paid  out 

Retained  for  transportation  of  first  instal- 

- 

57  70 

ment  of  U.  S.  surplus  revenue 

V 

807  00 

Amount  to  balance  paid  over  to  J.  D. 

490,095  35 

Whiteside 

- 

109  49 

Amount  of  certificates  of  deposite  in  State 

490,204  85 

Bank  by  J.  D.  Whiteside 

Of  certificate  of  deposite  in  State  Bank 

186,869  75 

of  Illinois  at  Shawneetown 

60,000  00 

Old  State  paper  burned 

150  00 

Of  interest  on  State  paper 

Of  money  received  in  June  and  deposited 

8  49 

in  July  - 

92  15 

248,120  39 

#738,325  24 

State  op  Illinois,  Treasurer’s  Office,) 

Vandalia ,  July  12/A,  1837.  ( 

JOHN  D.  WHITESIDE, 

T reasurer. 


INDEX. 


A 

fAGrBi 

ALTON — City  of  Incorporated  17 

Boundaries  of  1  17 

Ordi  nances  29 

To  be  divided  into  four  Wards  17 

Boundaries  of  18 

Election  of  Mayor  and  Aldermen  18 

Other  officers  18 

Annual  18 

Special  notice  of  19 

Duty  of  Mayor  19 

Common  Council  20 

Powers  and  duties  2l 

Schools  in— to  be  visited  22 

Courts  Municipal  in  25 

Judge  shall  reside  in  25 

Salary  of  25 

May  be  removed  25 

Ju  rors  how  summoned  26 

Compensation  of  26 

Prosecuting  Attorney  •  27 

Duty  27 

Salary  27 

Process  how  tested  28 

Register  duty  of  28 

F  ees  28 

Sheriff  Madison — duty  of  28 

Fees  28 

Upper  Alton — or  ahy  inhabitants  may  become  paFt of  25 
ALTON  FERRY  COMPANY  .  40 

APPROPRIATIONS — An  act  supplementary  to  an  act  making — 

for  years  1837-8  3 

B 

-  % 

BANKS — Acts  ipplementary  to  an  act,  to  increase  capital  of  certain  5 


1 


INDEX. 


PAGE. 


BANKS — Act  to  suspend  for  limited  time,  laws  in  relation  to 

Banks  in  this  State  6 

Duty  of  Governor  6 

To  issue  proclamation  7 

44  Bank  7 

44  44  President  of  7 

BRIDGES — Kaskaskia  company  7 

John  Green  and  others,  authorized  to  build  toll  8 

C 

CALVINS’  SLOUGH—  -  45 

CANAL  LANDS- — For  the  relief  of  purchasers  of  9 

James  H*  Weisner  9 

Duty  of  Auditor  9 
Act  to  provide  for  sale  of  certain,  and  for  other  purposes  10 

Power  of  commissioners  to  sell  ll 

To  make  resurvey  11 
May  enlarge  bason  1 2 
Duty  of  treasurer  12 

Governor  authorized  to  negotiate  loan  ^  13 

CONVEYANCES — Act  concerning  14 

Act  concerning  the  recording  of  13 

COUNTIES — Act  to  relocate  the  county  seat  of  Calhoun  14 

44  in  relation  to  Cass  48 

County  seat  48 

Court  house  49 

Returns  of  elections  49 

Duty  ol  notary  public  49 

Clerk  how  appointed  49 

Duty  of  school  commissioners  49 
Treasurers  of  Cass  and  bureau- 
duty  of  50 

COURTS— Act  in  relation  to  Municipal  of  Chicago  15 

44  44  44  44  Alton  15 

44  to  increase  compensation  of  county  commissioners  10 


E 


EDUCATION — Act  to  encourage — in  township  five  south  16 

•  ~  f  -  .  ; 

FAIRFIELD  LIBRARY  COMPANY—  .  41 

FERRIES— Alton  company  40 

Rights  and  privileges  40 

Capital  stock  40 


INDEX. 


FERRIES— Alton 


iii 

page. 

company,  capital  stock  shares  of  40 

Place  of  meeting  40 

Books  of  subscription  4l 

When,  where  and 
how  opened  41 
Election  of  directors  41 

Term  of  office  41 


Annual 


41 


I 

INCORPORATIONS— Alton  City  of 

u  Ferry  company 

Caledonia  rail  road  company  *  - 

Capital  stock 

Government  in  whom  vested 
Lands  may  be  taken 
Annual  meeting 
Books  of  subscription 
Power  to  borrow  money 
Tolls 

Stock  deemed  personal 
Shall  transport  United  States  mail 
Forfeiture  of  charter 
%  Right  of  state 

Caledonia,  town  of 

Corporate  powers  of 
Annual  election  of  trustees 
Who  are  qualified  voters 
Health  of — markets,  watches  &c. 
Jurisdiction  of  justices  peace 
Schools  how  supported 
Streets  may  be  widened 
Public  square 
Lots  may  be  sold  lor  taxes 
How  redeemed 
Fire  companies 

Members  of  exempt  from  military 
and  jury  duty 
Property  of 
Town  meetings 
Wards  of 

Calvins’  Slough — Declared  navigable 
Centreville  steam  mill  company 
Capital  stock 

May  be  increased 
Election  annual 

Of  directors 
Treasurer  to  give  bond 
R 


17 

40 

30 
36 

36 

37 

37 

38 

38 

39 
39 
39 
39 
38 

31 

32 
32 
32 

32 

33 
3s 
33 

33 

34 
34 

34 

35 
35 
35 
35 
45 

29 

30 
30 
30 

30 

31 


iv  INDEX. 

XJ  A  l-i 

INCORPORATIONS— Chicago  and  Fox  river  Turnpike  39 

Companies — Act  to  increase  capital  stock  of  certain  40 
Fairfield  Library  company  40 

Fayette  county  Manual  Labor  Seminary  43 

Internal  Improvements — Act  further  supplemental  45 

J 

JUSTICES  PEACE — Act  forming  additional  district  in  Randolph  46 
Act  to  amend  act  to  provide  for  election  of  probate  46 
And  constables  ‘  46 

Act  to  amend  act  concerning  46 

Form  of  summons  47 

;  If  defendant  appears  not,  plaintiff  may  prove  demand  47 

M 

V  '  '  ”  •  •  *  »  c 

McAllister  Alexander — Duty  of  guardian  of  heirs  of  51 

Power  to  sell  lands  5l 

MEMORIAL  AND  RESOLUTIONS —  HO 

P 

PENITENTIARY-— Act  in  relation  to  47 

Powers  of  inspectors  -  48  - 

If  labor  of  convicts  will  not  pay  expense,  how  paid  48 

PRACTIGE — Act  concerning  in  courts  of  law  109 

PITTSFIELD  AND  MISSISSIPPI  RAIL  ROAD  COMPANY—  40 
Capital  increased  4O 

PROBATE  JUSTICES  PEACE—  46 

PROCESS— Act  to  legalize  in  circuit  courts  of  this  state  51 

Act  to  amend  act  concerning  51 

Process  issued  by  clerks  5l 

R  1  St  ||  ul 

RELIEF — Heirs  of  A.  McAllister  51 

Thomas  Jefferson  Sanderson  52 

Name  changed  52 

Francis  Hood  52 

Name  changed  52 

Purchasers  of  canal  lands  u  9 

Nathaniel  Pope  and  others  53 

Court  may  he  petitioned  for  sale  of  land  53 
Samuel  A,  Smallwood  56 

Samuel  G,  Beckley  administrator  56 


Index. 


v 

PAGE. 

RELIEF — Wm.  B.  Collins,  infant  heirs  of  57 

Duty  of  guardian  57 

RESOLUTIONS—  110 

REVENUE — Clerks  of  county  commissioners  court  authorized  to 

list  lands  58 

Act  concering  public  59 

Act  relative  to  duty  of  county  treasurers  and  sheriffs  59 
ROADS — Chicago  and  Fox  river  turnpike  company  39 

Rushville  to  Carthage  changed  60 

Act  concerning  public  01 

Vandalia  to  Jacksonville  parts  of  changed  61 

Knoxville  to  New  Boston  02 

Vermillion  county  located  in  02 

Act  to  re-establish  a  certain  therein  named  63 

Edgar  county,  part  of  relocated  04 

Madison  from  Indiana  line  64 

Beardstown  to  Petersburg  05 

Maysville  to  Shelby  ville  part  of  relocated  66 

Tecumseh  to  Geo.  R.  Logans  67 

Apanooce  to  Drowning  forkof  Crooked  creek  67 

East  Nelson  to  Leroy  68 

Act  to  change  a  part  of  therein  named  69 

Alton  to  Elias  G win’s  70 

Wm.  Crow’s  to  Musick’s  Bridge  71 

Edwards  county  72 

Salem  to  Charleston  73 

Act  to  relocate  certain  73 

Act  io  locate  certain  state — therein  named  74 

Canton  to  Knoxville  and  other  purposes  76 

Bowling  Green  via  Ewington  to  Newton  79 

Act  to  locate  certain  therein  named  80 

Pike  county,  certain  state  changed  82 

McLean  county,  certain  declared  state  82 

Act  in  relation  to  certain  public,  therein  named  83 

'  Fayette  and  Shelby  counties  83 

Petersburg  to  McComb  and  for  other  purposes  84 


S 


SALINES — Act  for  the  purposes  therein  mentioned  86 

Act  appropriating  residue  Vermillion  saline  lands  to 

Iroquois  and  Vermillion  counties  86 

SCHOOLS — Illinois  female  institute  87 

Fayette  manual  labor  .  43 

Act  to  repeal  act  in  relation  to  in  township  thirty-nine  89 

Act  explanatory  of  act,  to  amend  the  several  acts  in 

relation  to  common  89 

SEMINARIES — Favette  manual  labor  43 

* 


VI 


INDEX. 


FAetE. 

STEAMBOATS — -Act  to  prevent  disasters  navigating  waters  of 


Illinois  89 

TOWNS— Beardsiown  95 

Caledonia  3l 

Carlinville— Act  to  amend  act  101 

Limits  of  10 1 

Centreville  94 

Franklin  101 

Jersey  ville  102 

Powers  vested  in  trustees  102 

First  election  103 

Special  tax  how  levied  104 

Ordinances  how  published  105 

Lots  sold  for  taxes  106 

Time  of  redemption  106 

Duty  of  county  commissioners  of  Greene  106 
Duty  of  justices  peace  107 

Fees  of  officers  108 


Ottawa  96 

Boundaries  of  96 

Divided  into  wards  97 

Trustees  when  elected  97 

Powers  of  98 

Duty  of  99 

Fire  companies  1Q0 

Peoria,  act  to  amend  act  to  extend  powers  of  92 

Plats  of  certain  changed  '  93 

Springfield  powers  of  extended  94 

Winchester,  Lynnville,  and  Jacksonville  Railroad 
company  40 

Capital  increased  40 


Capital  increased 


.  State  of  Illinois, 

Department  of  State . 

. 

I,  Alexander  P.  Field,  Secretary  of  State ,  of  the  State  of  Illinois,  do 
hereby  certify  that  the  foregoing  printed  sheets,  contain  true  copies  of 
the  enrolled  laws  deposited  in  this  office. 

In  witness  whereof  I  have  hereunto  signed  my  name,  at  Vandalia,  the 
25th  day  of  August,  A.  D.  1837. 

A.  P.  FIELD,  Secretary  of  State . 


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